RADADIYA MAHESHKUMAR JAYANTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant­accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I- 257/2018 registered with Vastrapur Police Station, Ahmedabad for the offenses punishable under Sections 406, 420, 114 and 120(B) of the Indian Penal Code and subsequently, Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003 and Sections 4, 5 and 6 of the Prize, Cheat and Money Circulations Schemes (Banning) Act, 1978.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

(3.) Learned advocate appearing for the applicant submitted that till date, four different FIRs are registered against the applicant, out of which, the applicant has been released on regular bail in two cases by the concerned Designated Court after verifying the affidavit filed by the concerned Investigating Officer and after considering the investigation papers and in support of it, he has placed on record copies of the orders passed in Criminal Misc. Application No.3319/2018 and Criminal Misc. Application No.3283/2018, which are taken on record. It is submitted that so far as the present case is concerned, as per the allegations leveled in the FIR, the complainant has invested an amount of Rs.25,000/­, out of which, he has received an amount of Rs.6,500/­ as commission, however, remaining amount of Rs.18,500/­ is not received back because of the fraud committed by the concerned accused. It is submitted that as per the affidavit filed by the Investigating Officer, total scam is of Rs.7,82,00,000/­ and more, however so far as the present application is concerned, only allegation is with regard to an amount of Rs.18,500/­. Learned advocate for the applicant has referred to the reasons assigned by the Designated Court while releasing the applicant on regular bail in two other cases and contended that if after the arrest, the applicant is going to be released on bail by the Designated Court then, this Court may release the applicant on anticipatory bail.