JUDGEMENT
Rajendra M. Sareen, J. -
(1.)RULE . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-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 her on anticipatory bail in case of her arrest in connection with the FIR registered as C.R No.I-01 of 2021 before C.I.D.(Crime) Ahmedabad Zone Police Station, District: Ahmedabad for the offences under Sections 406, 420, 114 and 120-B of the Indian Penal Code, Sections 3, 4, 5 and 6 of the Price Cheat Money Circulation(Banning) Act and Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.
(2.)Learned advocate for the applicant submits that the applicant a lady accused and is falsely implicated in the present offence on the basis merely because she is the wife of the one of the accused namely Alpesh Suhagiya, she is running a tuition classes, neither she has played any role in collecting the money from the investors, nor she has been attributed any role in the FIR, it was a commercial transaction and a civil dispute has been given a colour of criminal case. There are no antecedents against the present applicant and she is having two children aged about 6 years and 11 years respectively. 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 her remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant- 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 respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
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