Anticipatory bail should be granted sparingly, especially in cases of economic offences, and the delicate balance between personal liberty and societal interest must be maintained.

ORDER :

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 bearing No.11191065220790 of 2022 registered with Narol Police Station, Ahmedabad for the offences punishable under Sections 381, 406, 408, 411, 420 and 120-B of the Indian Penal Code.

2. At the outset it is required to be mentioned that pursuant to the submissions made by the learned advocate for the applicant on 31.08.2023 this Court passed the following order:

“Heard learned advocate Mr. Chakwala for the applicant, he made his submissions and after having heard learned APP Mr. Dabhi, while the Court was not inclined to allow the present application and was going to dictate an order, at that time, learned advocate Mr. Chakwawala for the applicant has submitted that police has caused atrocity and in this regard he wants to make further submissions.

In view of above, Learned APP is directed to verify the said fact as well as to place on record the detailed investigation carried out qua applicant and whether applicant has joined investigation and appeared before the police at earlier point of time. Stand over to 02.09.2023.”

3. Today learned APP has submitted that the present applicant has not joined the investigation and he didn’t remain present, even till date he is not traced out and remained absconder, hence, the question of causing of atrocity doesn’t arise.

4. Learned advocate for the applicant has submitted that present applicant is falsely enroped in the offence due to ego clash. He has been falsely implicated into the offence and whatever, allegations levelled against the staff and other people were based on the statement of the co- accused. Accused number 2, 3 and 4 also have left their job from the company and he has nothing to do with the offence, accused has not received any stolen goods, accused has paid all dues also and requested Police to close the proceedings. Even, otherwise offence is not punishable with life imprisonment, the applicant is ready and willing to join the investigation. Hence, he requested to allow the present application.

5. Per-contra learned APP has vehemently opposed the application and stated that charge- sheet is filed, present applicant has not co- operated and present applicant is mentioned absconded in column No. 2 in the charge-sheet. There is prima-facie involvement of accused, hence, she has requested to dismiss the application.

6. Having had considered and on perusal of the complaint and investigation papers prima-facie it appears that the alleged transactions are qua trading of gray and raw material fabrics. It appears that there is involvement of goods worth Rs 4,28,44,050/- (Rupees Four Crore Twenty Eight Lakhs Forty Four Thousand and Fifty only). The accused persons in connivance of the present applicant who is the owner of the J. B. Trading firm and in the guise of the sham transaction, siphoned the amount. They have prepared false bills in connivance with other co-accused. Even accused is facing the charge of keeping the stolen goods and on that cause also present applicant is not bonafide purchaser of the goods. Even to unearth the truth, custodial interrogation is also required. Not only that, the accused has remained absconder. On the ground of being absconder, present application is required to be rejected keeping in mind law laid down by the Hon’ble Apex Court in the case of Lavesh Vs. State (NCT OF DELHI) reported in (2012)8 SCC 730 and State of Haryana Vs. Dharamraj 2023 INSC 784 on that ground also application deserved to be dismissed.

7.1 Considering the aforesaid all facts as also the law laid down by Hon’ble Supreme Court in the case of Jayprakash vs. State of Bihar reported in (2012)4 SCC 379, parameters of grant of anticipatory bail in serious offences are required to be satisfied and further while granting such relief, the Court must record the reasons thereof. Anticipatory bail can be