VIPUL M.PANCHOLI, J - (1.) Rule. Mr. Mitesh Amin, learned Public Prosecutor, waives service of notice of Rule on behalf of respondent-State.
(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R.No.I-31 of 2013 with Kapadwanj Rural Police Station, District Kheda for the offences punishable under Sections 465 , 467 , 468 , 471 and 114 of the Indian Penal Code.
(3.) Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail. 3.1. Learned advocate for the applicants, on instructions, states that the applicants are 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. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open. 3.2. Learned advocate for the applicants has produced on record the order dated 18.09.2013 passed by this Court in the case of co-accused i.e. accused Nos. 6 and 7. It is submitted that the role attributed to the aforesaid co-accused is similar to that of the present applicants. 3.3. It is further pointed out that the present applicants initially filed Criminal Misc. Application No.10406 of 2013 before this Court. This Court granted stay vide order dated 20.09.2013. However, recently on 03.12.2018, the said application came to be withdrawn and therefore now the applicants have filed this application under Section 438 of the Code of Criminal Procedure. 3.4. Thus, learned advocate for the applicants submits that on the ground of parity, case of the applicants be considered by this Court. ;