2021 (11) TMI 1193 - HC - Indian Laws

Anticipatory bail granted for IPC and Corruption Act offences; Court cites no antecedents and partial dues payment.

CHAUDHARY JIGNESHBHAI PREMJIBHAI Versus STATE OF GUJARAT

The HC granted anticipatory bail to the applicant under Sec. 438 CrPC for offences under the IPC and Prevention of Corruption Act. The Court considered ... Grant of anticipatory bail - accepting bribe and creating forged documents - HELD THAT:- Perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, the anticipatory bail is granted to the applicant. The applicant is ordered to be released on bail subject to fulfilment of conditions imposed - bail application allowed. Issues:1. Anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 for offences under IPC and Prevention of Corruption Act.Detailed Analysis:Issue 1:The applicant sought anticipatory bail in connection with an FIR for various offences under the Indian Penal Code and the Prevention of Corruption Act. The case involved the accused persons allegedly causing economic loss to the Government by not paying VAT taxes and creating forged documents. The applicant argued against custodial interrogation, stating no antecedents against him and having paid a significant amount already. The applicant assured cooperation with the investigation and trial, emphasizing readiness to abide by all conditions, including allowing the Investigating Agency to file for remand. The respondent opposed bail, citing the gravity of the offences.The Court considered the arguments, material on record, nature of allegations, and role attributed to the accused. Without delving into detailed evidence, the Court leaned towards granting anticipatory bail to the applicant. Factors considered included the absence of antecedents, partial payment of dues, and no necessity for custodial interrogation. The Court referenced Supreme Court decisions emphasizing the need for a prima facie case and the requirement of custodial interrogation, along with the accused's cooperation and payment aspects. Relying on legal precedents, the Court decided in favor of granting anticipatory bail to the applicant.The Court imposed specific conditions for the bail, including cooperation with the investigation, appearance at the Police Station, refraining from influencing witnesses, not obstructing the investigation, providing address details, seeking permission to leave India, and allowing the Investigating Officer to file for remand if necessary. The Court directed the applicant to appear before the Magistrate as required and clarified the process in case of a remand order. The Court emphasized that the observations made in the order should not influence the trial court during the trial. Ultimately, the Court allowed the application for anticipatory bail, making the rule absolute and permitting direct service.