The court considered the nature of allegations, gravity of offences, and role attributed to the accused in granting bail.

ORDER :

1. Heard the learned advocates for the respective parties.

2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.I-20 of 2017 registered with “B” Division Patan City Police Station, District Patan for the offences under Sections 406, 409, 420 and 114 of the Indian Penal Code, 1860 (IPC), and Section 3 of the Gujarat Protection of Interest Depositors (in Financial Establishment) Act, 2003.

3. It is the case of the prosecution that Arbuda Credit Co-operative Society Limited (Multi State), Mount Abu, Sirohi, Rajasthan, which is a registered society under the Multi State Cooperative Society Act, whereby all its members deposited the amount but thereafter, no amount was given to the members.

4. Learned advocate for the applicant has submitted that the Society is already registered and from period between the year 2013 to 2017, neither such incident has taken place nor such similar offences have emerged at any relevant point of time. He has submitted that the accounts have also been audited by the Government authorized persons and the present incident happened only because the members demanded the deposits before the maturity dates and subsequently, demonetization also took place. It is submitted that on bare perusal of the F.I.R., nothing has been entrusted to the applicant moreover, his presence is also not figured in any of the F.I.R. in Gujarat. It is submitted that the applicant is involved by different individuals to save themselves from the prosecution. It is submitted that all the complainants are receiver of the deposits and were getting commission on it and on the contrary, the complainants are beneficiaries and not the applicant. He has further submitted that so far as the impugned F.I.R. is concerned, the prime accused No.1-Rakesh Kumar @ Bobby S/o. Davendra Kumar, Accused No.2-Aashaben Rakeshkumar Agarwal and accused No.6-Chhayaben Mukeshkumar Agarwal have already been enlarged on regular bail by this Court vide order dated 03.07.2019 passed in Criminal Misc. Application No.10116 of 2019, by the Sessions Court at Ahmedabad(Rural) vide order dated 09.07.2021 passed in Criminal Misc. Application No.2085 of 2021 and order dated 01.07.2021 passed in Criminal Misc. Application No.1994 of 2021 respectively. It is submitted that all the amounts have been transferred to the Head Office at Abu, pursuant to which offence has also been registered in Abu and, therefore, filing of multiple complaints on the same grounds will not be tenable. He has submitted that the prime accused-Rakeshkumar Agarwal has been granted bail in all the cases by this Court and in two cases by the District Court.

4.1 Learned advocate for the applicant submitted that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submitted that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice. He has further submitted that the prime accused No.1-Rakesh Kumar @ Bobby S/o. Davendra Kumar, Accused No.2-Aashaben Rakeshkumar Agarwal and accused No.6-Chhayaben Mukeshkumar Agarwal have already been enlarged on regular bail by this Court vide order dated 03.07.2019 passed in Criminal Misc. Application No.10116 of 2019, by the Sessions Court at Ahmedabad(Rural) vide order dated 09.07.2021 passed in Criminal Misc. Application No.2085 of 2021 and order dated 01.07.2021 passed in Criminal Misc. Application No.1994 of 2021 respectively.

4.2 Learned advocate for the applicant, on instructions, submitted 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 further submitted that upon filing of such application by the investigating agency