Allowed

Gupta Anandkumar Satyanarayan v. State of Gujarat

Gujarat HC21 Feb 2019CR.MA/893/2019

Case brief

AI extract

What is this about?

In an oral order, the High Court allowed an anticipatory bail application filed under Section 438 CrPC. The court granted bail subject to several conditions, noting the five-year delay in lodging the FIR and the applicant's role as an abettor rather than a primary beneficiary of the alleged fraud.

What did the court decide?

Grant of anticipatory bail on furnishing a personal bond of Rs. 10,000 with one surety of like amount, subject to specific conditions including cooperation with investigation and restriction on leavin

Gupta Anandkumar Satyanarayan Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/893/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 893 of 2019

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GUPTA ANANDKUMAR SATYANARAYAN

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Versus
STATE OF GUJARAT

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Appearance:

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MR VIRAT G POPAT(3710) for the PETITIONER(s) No. 1
MR KP RAVAL, APP for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 21/02/2019

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ORAL ORDER

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1.By way of the present application under
Section 438 of the Code of Criminal Procedure,
1973, the applicant accused has prayed to release
him on anticipatory bail in case of his arrest in
connection with the FIR registered at C.R.No.I-2
of 2017 with Vatva Police Station for the offence
punishable under Sections 177, 192, 196, 199,
200, 403, 409, 420, 465, 467, 468, 471, 477-A,
120B of the Indian Penal Code and Section 85(1)
(B)(C)(E)(F)(G), 85(4) and 85(6) of Value Added
Tax Act.

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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

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R/CR.MA/893/2019 ORDER

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flee from justice. In view of the above, the
applicant may be granted anticipatory bail.

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Learned advocate for the applicant, on
instructions, states that the applicant is 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 applicant accused to oppose such
application on merits may be kept open.

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3.LearnedAdditionalPublicProsecutor
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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4.Having heard the learned advocates for the
parties and on 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,
I am inclined to grant anticipatory bail to the
applicant.

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5.This Court has also considered the following

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Page 2 of 6

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R/CR.MA/893/2019 ORDER

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aspects:

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The applicant is a transporter. The
allegation against the applicant is that he has
produced forged documents on the basis of which
the original accused No.1 – owner of M/s. Shri
Shyam Enterprise i.e. Ramkishan Nandkishor Sharma
has obtained refund of Rs.1,20,00,500/-. Thus,
the applicant is not beneficiary of the aforesaid
transaction and the refund was received by the
co-accused.

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The allegation against the applicant is that
at the most he has abetted the main accused.

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There is delay of more than 5 years in
lodging the FIR.

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Statement of the applicant is also recorded
by the Investigating Officer and therefore when
the applicant is cooperating with the
investigating agency, his custodial interrogation
is not required.

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6.This Court has also taken into consideration
the law laid down by the Hon’ble Apex Court in
the case of Siddharam Satlingappa Mhetre vs.
State of Maharashtra and Ors. as reported at
[2011] 1 SCC 694, wherein the Hon’ble Apex Court
reiterated the law laid down by the Constitution
Bench in the case of Shri Gurubaksh Singh Sibbia
& Ors., as reported at (1980) 2 SCC 665.

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Page 3 of 6

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R/CR.MA/893/2019 ORDER

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7.In the result, the present application is
allowed by directing that in the event of
applicant herein being arrested pursuant to FIR
registered at C.R.No.I-2 of 2017 with Vatva
Police Station, 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 he:

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(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

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(b) shall remain present at the concerned Police Station on 28.02.2019 between 11.00 a.m. and 2.00 p.m.;

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(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

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(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

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(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;

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(f) shall not leave India without the permission of the Court and if having

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R/CR.MA/893/2019 ORDER

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passport shall deposit the same before
the Trial Court within a week; and

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(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;

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8.Despite this order, it would be open for the
Investigating Agency to apply to the competent
Magistrate, for police remand of the applicant.
The applicant shall remain present before the
learned Magistrate on the first date of hearing
of such application and on all 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. This is, however, without
prejudice to the right of the accused to seek
stay against an order of remand, if, ultimately,
granted, and the power of the learned Magistrate
to consider such a request in accordance with
law. 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.

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9.At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in this order while enlarging the

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R/CR.MA/893/2019 ORDER

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applicant on bail.

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10. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

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(VIPUL M. PANCHOLI, J)

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Jani

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Gupta Anandkumar Satyanarayan v. State of Gujarat

Case brief

What is this about?

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Gupta Anandkumar Satyanarayan v. State of Gujarat

Case brief

What is this about?

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