Pushparaj Jain S/O Sunilkumar Jain vs State Of Gujarat

A.S. Supehia, J

RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent â€" State.

Heard the learned advocates for the respective parties by video conferencing.

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 F.I.R. being C.R.No.I-148 of 2019 registered with Anand Town Police Station, Dist.Anand for the offences under Sections

406, 420 and 114 of the Indian Penal Code, 1860.

It is the case of the prosecution that the applicant along with other co-accused have established a Finance Company and lured people to deposit in

the said Finance Company and thereafter, the complainant had contacted the said R.V.Finance Company, a partnership firm, for purchase of shares

and deposited total amount of Rs.19,18,000/- in various accounts given by the firm since 2016. Out of Rs.19,18,000/-, the complainant had deposited

Rs.5,00,000/-in the account of the applicant but till today no share was purchased by the firm in the name of the complainant and also did not make

repayment of the said amount to the complainant and, therefore, he lodged an F.I.R. against the applicant and other accused. It is further alleged that

all the communications are made by R.V. Finance Company to the complainant and the applicant is not the partner of the said firm. The amount of

Rs.5,00,000/- was deposited by the complainant in the bank account of the applicant upon instructions of one of the partners of the firm, who is a

school friend of him.

Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is

not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee

from justice. He further submits that other co-accused have already been enlarged on bail by the Coordinate Bench of this Court vide order dated

22.06.2020 passed in Criminal Misc. Application No.8222 of 2020.

4.1 Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to deposit a reasonable amount before the trial

court and will 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 further submits that upon filing of such application by the investigating agency, the right of the applicant

accused to oppose such application on merits may be kept open. Learned advocate, therefore, submits that considering the above facts, the applicant

may be granted anticipatory bail.

On the other hand, the learned Additional Public Prosecutor appearing on behalf of the respondentâ€" State has opposed grant of anticipatory bail

looking to the nature and gravity of the offence.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,

nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant

anticipatory bail to the applicant since the custodial interrogation of the applicant will not further serve any purpose.

This Court has considered following aspects;

(a) The role attributed to the applicant;

(b) The co-accused have already been enlarged on bail by the Coordinate Bench of this Court.

(c) the case of the prosecution is premised on documentary evidence

This Court has also taken into consideration the law discussed and declared by the Apex Court in the case of Sushila Aggarwal vs. State (Nct of

Delhi) , AIR 2020 SC 831.

In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with F.I.R.

being C.R. No.I-148 of 2019 registered with Anand Town Police Station, Dist.Anand on his executing a personal bond of Rs.10,000/- (Rupees Ten

Thousand Only) with one surety of like amount on the following conditions that he :

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

(b) shall remain present at the concerned Police Station on 14.06.2021 between 11.00 a.m. and 2.00 p.m.;

(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him

from disclosing such facts to the court or to any police officer;

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

the final disposal of the case till further orders;

(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial

court within a week; and

(g) shall deposit an amount of Rs.1,00,000/- (Rupees One lac) within a period of 01 (one) week before the Trial Court from the date of receipt of writ

of this order and remaining amount of Rs.3,50,000/- (Rupees Three lacs Fifty thousands) shall be deposited within a period of 08 (eight) weeks

thereafter.

It goes without saying that if the applicant does not abide by the conditions imposed by this Court, the bail will stand automatically cancelled.

Despite this order, it would be open for the investigating agency to apply to the competent Magistrate, for police remand of the applicant, if he

considers it proper and just and the concerned Magistrate would decide it on merits. The applicant shall remain present before the concerned

Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the concerned Magistrate. This

would be sufficient to treat the accused in the judicial custody for the purpose of entertaining the 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

concerned 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.

At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.

The application is allowed in the aforesaid terms. RULE is made absolute to the aforesaid extent.

Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this

order through Fax message, email and/or any other suitable electronic mode.

Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court

through Fax message, email and/or any other suitable electronic mode.