NITUBEN ASHOK JADEJA 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 for anticipatory bail in connection with the FIR being C.R. No. I- 92/2018 registered with D.C.B. Police Station, Ahmedabad for the offenses punishable under Sections 406, 409, 420, 120(B) and 114 of the Indian Penal Code, under Sections 3 and 5 of the Prize Chits and Money Circulation Act, 1987 and under Section 3 of the GPID Act, 2003.

(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 herself available during the course of investigation, trial also and will not flee from justice. Learned advocate for the applicant pointed out that in the present FIR, some of the witnesses are the accused in another FIR, which is filed against such accused, who are the witnesses in the present case.

(3.) 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 her remand. He 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. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.