ASHUTOSH J.SHASTRI
Manan Hemendrabhai Bhimpuria – Appellant
Versus
State of Gujarat – Respondent
Key Points: - The Court is inclined to grant anticipatory bail to the applicant, subject to conditions and liberty to seek remand (!) (!) . - The Court emphasizes cooperation with investigation, potential remand, and that arrest entails serious consequences; it stresses careful evaluation of peculiar facts and civil/criminal nature considerations (!) (!) . - The order sets specific bail conditions: personal bond, surety, cooperation, no inducement, address proof, no leaving Gujarat without permission, monthly presence at police station, and eligibility for police remand via Magistrate if needed; order is valid for 90 days (!) (!) (!) (!) (!) (!) (!) (!) . - Background facts include MoU between parties, alleged breach, 12% return, and disputes surrounding MoU and civil vs. criminal nature; previous civil decrees and 138 NI Act proceedings referenced (!) (!) (!) (!) (!) (!) . - The Court notes prior investigations and multiple applications, with ongoing civil disputes and lack of civil action for damages, supporting anticipatory bail in this peculiar context (!) (!) (!) (!) . - The decision reserves liberty for remand and notes that the applicant cooperated, including statements and written replies; acknowledges arrest consequences to family (!) (!) (!) (!) (!) .
ORDER :
1. Present Criminal Misc. Application is filed under Section 438 of the Code of Criminal Procedure for seeking anticipatory bail in connection with the FIR, being C.R. No.I-02 of 2020 lodged before CID (Crime) Ahmedabad Zone dated 6.3.2020 for the offences punishable under Sections 406, 409, 420, 465, 294(b) and 506(1) of the Indian Penal Code.
2. The case of the prosecution basically in a very summarized form is that the present applicant-accused along with other investors have induced the complainant and the other persons to invest money in share market and in lieu of such investment, sizable amount of return is guaranteed and thereby, by such inducement, secured money from the complainant and other persons and utilized the same for his private purpose and thereby committed an offence of criminal breach of trust, cheating and the offences, as alleged in the complaint. Detailed narration is reflected in the FIR, but with a view to avoid unnecessary burden, entire narration is not incorporated at length in the present order.
3. In response to this complaint, on apprehension of being arrested, Criminal Misc. Application No.3043 of 2020 was filed before learned City and Sessions
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