PRAKASH BABARBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R.No.I-279 of 2018 with Sector 7 Police Station, District Gandhinagar for the offences punishable under Sections 392, 420, 406, 467, 468, 471, 323, 504, 506(2), 120B of the Indian Penal Code and under Section 33(A)(C) of the Prevention of Money Laundering Act.

(2.) Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail.

(3.) Learned APP has opposed this application and pointed out the allegations levelled against the present applicants in the FIR and also referred voice recording of mobile phone of applicant No.1 and brother of the complainant. It is submitted that applicants are prima facie involved in the alleged offence and therefore this Court may not consider the case of the applicants for anticipatory bail.