JUDGMENT :

Ilesh J. Vora, J.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I - 123 of 2019 registered with Kalupur Police Station, Ahmedabad City for the offences under Sections 406 and 420 of the Indian Penal Code, 1860.

2. Brie facts leading to this anticipatory bail application are that, on 31.12.2019, the informant lodged the FIR with regard to the offence that alleged to have been committed between 25.12.2018 to 25.11.2019, inter alia, alleging that the accused named in the FIR i.e. Tapas Mandal and the complainant with other 26 members are the Gold manufacturer and retail ship owners in the Ahmedabad City and they have jointly formed a group for running gold deposit business, which is known as V.C. in short. The object of such V.C. is to deposit 1963.260 grams gold for 28 months and on rotation basis, each of the members intend to keep the said gold monthly. As per the complaint, during the charge of the said V.C., the accused named in the FIR has misappropriated the gold deposited by the complainant. Accordingly, as such the complainant felt that he had been cheated, impugned FIR came to be registered on 30.12.2019 against Tapas Mandal with Kalupur Police Station. During the course of investigation, Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and under Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003 along with Sections 406 and 420 of the Indian Penal Code, 1860 are incorporated in the FIR.

3. Learned advocate for the applicant submits that the accused named in the FIR is paternal uncle of the applicant and when police went to West Bengal to arrest the accused, they had recorded his detailed statement, wherein the applicant explained everything and further stated that he has nothing to do with the activities undertaken by his uncle; that bare reading of the FIR does not disclose any ingredient whatsoever to link the applicant with the offence in question; that the applicant is government servant working as Postman under Midnapure Division, West Bengal, never came in contact with the complainant; that on account of failure on the part of his uncle to deposit the gold as directed by this court, the complainant in connivance with the police misused the process by arresting the applicant.

4. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail stating inter alia that the allegations against the applicant are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.

5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, it appears that main accused Tapas Mandal @ Tapas Govind Mandal had earlier fled anticipatory bail before this Court, which came to be allowed vide order dated 09.06.2021, wherein, a coordinate Bench of this court has observed thus:

"[5] Learned advocate for the applicant submits that applicant and the complainant with other 26 members are the Gold Manufacture and Retail Shop owners in the Ahmedabad City and they have jointly formed a group for running gold deposit business, which is known as V.C. in short. The object of such V.C. is to deposit 1200 grams fold for 28 months and on rotation basis, each of the members intent do keep the said gold monthly. He further submits that, as per the complaint, during the charge of the said V.C., the applicant has misappropriated the gold deposited by the complainant, however, the applicant has not misappropriated the gold and the same is laying in the safe custody of his shop and due to pandemic situation he is residing at his native place at West Bengal and his shop as well as his house is closed."

6. The main accused Tapas Mandal gra