VINUBHAI @ VINODBHAI SHAMBHUBHAI VIRADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R.No.I- 240 of 2018 with Bhaktinagar Police Station, Rajkot for the offences punishable under Sections 387, 507 and 114 of the Indian Penal Code as well as under Sections 40, 42(A)(D) of the Gujarat Money Lenders Act.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

(3.) Learned APP has opposed this application and pointed out the statement of wife of the complainant and the MLC certificate and contended that there is prima facie case against the applicant and therefore this Court may not entertain this application.