9911796707
TMI Blog2023 (11) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 11993007230192 of 2023 registered with Gandhidham B Division Police Station, Dist. Kachchh East Gandhidham for the offences punishable under Sections 406, 420, 465, 467, 468, 471, and 120(b) of the Indian Penal Code. 2. 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 is available during the course of investigation and will not flee from justice. Learned advocate for the applicant has submitted that present applicant is a casual helper and he is working since January, 2023. Present applicant is falsely implicated in the offence and he has nothing to do with the offence. He has not taken any benefit at the instructio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e such application on merits may be kept open. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is stated that the applicant has played active role in the crime and the present applicant at whose instructions bills are prepared. Learned Sessions Judge has considered the application relied upon the pronouncement of the Hon'ble Allahabad High Court as the police authority has no right to investigate the offence under the GST Act and considered that the alleged offence under Sections 465, 467, 468 and 471 of Indian Penal Code is not made out against the accused as the bills are prepared by the present applicant. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the case of the co-accused has already been considered by the learned Trial Court; (ii) applicant has shown his willingness to cooperate and participate in the investigation; (iii) nothing is required to be recovered and discovered from the accused; (iv) This Court has taken care of custodial interrogation of applicant as right to seek remand of applicant is also kept open. 5. In view of Law of parity laid down in the case of Rameshbhai Batubhai Dhabi vs State of Gujarat reported in (1999) 3 GLR 1150, discretion may be exercised in favour of the applicant. 5.1. It is worth to mentioned that during the course of investigation, going through the order of the learned Additional Sessions Judge, Gandhidham-Kutchh dated 28.03.2023 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in (2011) 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application. 6. In the result, the present application is allowed by directing that in the event of applicant herein being arrested in connection with the FIR No. 11192050220242 of 2022 registered with Sanand Police Station, Dist. Ahmedabad, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 bail. 9. Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted. Let a copy of order be communicated, in re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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