Gaurav Kumar Saw vs State Of Telangana

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A3 seeking to grant anticipatory bail in the event of his arrest in Cr.No.80 of 2021 on the file of WCO Team-XII Police Station, Central Crime Station, Hyderabad, registered for the offences under Sections 406 and 420 IPC.

Heard learned counsel appearing for the petitioner/A3, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

The prosecution case is that the de-facto complainant had entered into an agreement with the petitioner and other accused for delivery of material and he paid advance money to them, but they cheated him by providing fake tax invoices and e-waybill.

Learned counsel for the petitioner/A3 submits that the allegations made in the complaint are all false and the petitioner has been falsely implicated in the present crime. He further submits that the petitioner is only employee in the Firm of A1 and he has nothing to do with the said Firm. He also submits that the petitioner is a law abiding citizen and ready to abide by any condition that may be imposed by this Court in the event of his enlargement on anticipatory bail.

Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner.

As seen from the contents of the FIR, the petitioner and other accused have committed fraud by taking advance amount from the de-facto complainant on the false promise of supplying material, but, they provided fake tax invoices and e-waybill. Thus, looking into the nature of allegations leveled against the petitioner and his involvement in commission of the crime along with the other accused, I am not inclined to grant anticipatory bail to him and accordingly, his prayer for anticipatory bail is rejected. However, the petitioner/A3 is directed to surrender before the Court concerned within fifteen days from today, and on such surrender and on filing an application for regular bail, the Court concerned shall consider the same in accordance with law.

With the above direction, the Criminal Petition is dismissed.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.