BALUBHA SATUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr. J.K. Shah waives service of Rule for and on behalf of the respondent-State.

(2.) This application under Section 438 of the Code of Criminal Procedure is filed seeking anticipatory bail in connection with the FIR, being C.R. No.11201017200003 of 2020 registered with CID Crime Border Zone Police Station, Kutchh - Bhuj for the offences punishable under Sections 409 , 406 , 465 , 467 , 468 , 471 and 120-B of the Indian Penal Code.

(3.) Learned advocate Ms. Kruti Shah has submitted that the applicant is wrongly arraigned in the prosecution and he has not played any active role in the alleged crime and he was merely a member of the committee and almost all the accused persons including President, Secretary, other committee members and the bank officers are enlarged on bail. She has submitted that in this case, the charge-sheet has already been filed before the concerned Court and the entire case is based on the documentary evidence and in absence of any specific allegation against the applicant, no custodial interrogation is required. In fact, Lavad Suit was also filed and as such, looking to the assertion of the complaint, more particularly, the same having been filed at much belated stage for the alleged offence from 1.1.2003 to 31.3.2019, for which the complaint is filed at a much belated stage only on 17.1.2020, without there being any explanation on delay and as such, considering this overall material on record, Ms. Shah has submitted that the nature of allegations are such where arrest of the applicant is not required. In fact, the applicant is not likely to misuse the liberty nor would like to flee away from the justice. Hence, the case be considered. Additionally, Ms. Shah has submitted that in connection with this very FIR, one another member of the committee, exactly similarly situated to the applicant, is enlarged on anticipatory bail. The said co-accused person is named as Daulatsinh Dhirubhai Jadeja and as such, considering this overall set of circumstance, the applicant may be granted anticipatory bail under Section 438 of the Cr.P.C.