Jivanbhai Lalbhai Rajgor vs State Of Gujarat

Rajendra M. Sareen, J

RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondentÂ​State.

[1] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release

him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11210015210008 of 2021 before D.C.B. Police Station

Surat City, District: Surat City for the offences punishable under sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

[2] Learned advocate for the applicant submits that the offence occurred between 01.08.2016 to 31.10.2018 for which the FIR was lodged on

15.01.2021. It is submitted that the applicant had availed loan for purchasing a vehicle of Rs.38,85,000/Â out of which he has paid Rs.22,23,208/Â and

the applicant is ready and willing to pay the outstanding amount without prejudice to the rights and contentions of the applicant. It is a commercial

transaction which is given a colour of criminal case. Learned advocate for the applicant on instructions also states that the applicant is ready and

willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the

competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicantÂ‐

accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant,

the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

[3] Learned Additional Public Prosecutor appearing on behalf of the respondentÂState has opposed grant of anticipatory bail looking to the nature and

gravity of the offence.

[4] Heard the learned Advocates for the respective parties through Video Conferencing and perused the papers. Learned advocates appearing on

behalf of the respective parties do not invite reasoned order.

[5] Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of

allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.

This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State

of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitutional

Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.

 [6] In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R

No.11210015210008 of 2021 before D.C.B. Police Station Surat City, District: Surat City, the applicant shall be released on bail on furnishing a

personal bond of Rs. 15,000/Â​ (Rupees Fifteen Thousand only) with one surety of like amount on the following conditions that the applicant shall:

(a) cooperate with the investigation and make available for interrogation whenever required;

(b) remain present at concerned Police Station on 15.03.2021 between 11.00 a.m. and 2.00 p.m.;

(c) not directly or indirectly make any inducement, threat or promise

to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the court or to any police officer;

(d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

(e) at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final

disposal of the case till further orders;

(f) not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week; and

(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would

decide it on merits;

(h) negotiate with the bank officials and after getting correct amount of due loan, applicant shall deposit the entire outstanding loan amount, if any, on

or before 31.07.2021, without prejudice to the rights and contentions of the present applicant and shall get the NOC from the bank and undertaking to

this effect shall be filed by the applicant before this Court as well as before the concerned trial Court within a period of fifteen days from the date of

this order.

(i) In case of breach of any of the conditions, the anticipatory bail shall stand cancelled automatically.

[7] Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The

applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be

directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of

the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if,

ultimately, granted and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if,

remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this

anticipatory bail order.

[8] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on anticipatory

bail.

[9] Rule is made absolute. Application is disposed of accordingly.

Registry is directed to communicate this order by FAX or EÂ​mail to the concerned Authority.