Hemant M. Prachchhak, J
[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. 11200011220605 of 2022 before Valsad Rural
Police Station, District: Valsad for the offences under Sections 406, 420 and 114 of the Indian Penal Code.
[2] Heard Mr. Hardik Dave, learned advocate for the applicant and Ms. Chetna Shah, learned Additional Public Prosecutor for the respondent â€
State.
[3] Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary.
Besides the applicant will be available during the course of investigation and will not flee away from the justice. In view of the above, the applicant
may be enlarged on anticipatory bail by imposing suitable conditions.
[4] 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 his remand. Learned advocate for the
applicant further submits that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits
may be kept open.
[5] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail on the grounds that
considering the nature and gravity of the offence.
[6] Considering the allegations made in the FIR and role attributed to the present applicant, it appears that so called transactions was initiated in the
year 2013. However, present FIR was filed in the year 2022 i.e. after 9 years and in between, there is no correspondence or nothing was shown by
the informant in the impugned FIR why he has filed the present FIR at belated stage. It seems that instead of filing civil proceedings the complainant
has put police machinery into motion by way of filing present FIR. Without discussing the evidence in detail, at this stage, this Court is inclined to grant
anticipatory bail to the applicant.
[7] This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Shri Gurubaksh Singh Sibbia & Ors.,
reported at (1980) 2 SCC 665 and in the case of Sushila Aggarwal Vs. State (NCT of Delhi) reported in AIR 2020 SC 831.
[8] 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. 11200011220605 of 2022 before Valsad Rural Police Station, District: Valsad the applicant shall be released on bail on furnishing a personal bond
of Rs. 10,000/-(Rupees Ten 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 28th December, 2022 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;
[9] 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 while enlarging the
applicant on bail. Rule is made absolute.
Direct service is permitted.
