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Judgment
Ilesh J. Vora, J
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.11191011210105 of 2021 registered with DCB Police Station, Ahmedabad City, District: Ahmedabad
City for the offences under Sections 406, 409, 420, 114 and 120(B) of IPC and Sections 4, 5 and 6 of The Price Cheat Money Circulation Scheme
(Banning) Act and Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.
Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. Learned
advocate for the applicant, on instructions, states that the applicant is ready and willing to deposit Rs.50,000/- before the trial Court without prejudice
to his rights and contentions. The custodial interrogation of the applicant is not essential for the purpose of investigation.
Learned Additional Public Prosecutor appearing on behalf of the respondent â€" State has opposed grant of anticipatory bail stating inter alia that
the allegations against the applicant are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.
Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, it
appears that the applicant has acted as an agent on behalf of the main accused and the amount of Rs.1,00,000/- had been credited in his account by
the company. In view of the role attributed to the present applicant in the alleged offence and considering the proposal to deposit Rs.50,000/- before
the trial Court, no custodial interrogation of the present applicant is required.
Considering the facts and circumstances of the case and the role attributed to the present applicant in the alleged offence, I find no reason to
decline pre-arrest bail to the applicant. 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 a FIR being C.R. No.11191011210105 of 2021 registered with DCB Police Station, Ahmedabad City, District:
Ahmedabad City on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following
conditions:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 17.01.2022 between 11.00 a.m. and 2.00 p.m.;
(c) shall deposit an amount of Rs.50,000/- before the trial Court within a period of 2 months;
(d) 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;
(e) 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;
(f) 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;
(g) shall not leave India without the permission of the Trial Court and if having passport shall deposit the same before the Trial Court within a week;
and
(h) 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;
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.
At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
Rule is made absolute to the aforesaid extent. Direct service is permitted.