Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.

ORDER :

1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State.

2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicants accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11203025240054 of 2024 registered with Junagadh Taluka Police Station, District Junagadh for the offences punishable under Sections 406, 409, 420, 468, 471, 120(B) and 114 of the Indian Penal Code, 1860 (for short “IPC”).

3. Learned advocate for the applicants has submitted that present applicants are falsely enroped in the offence though transaction involved in the present case is purely a commercial transaction and in this regard accused No.1 has already issued a cheque and in the notice of demand issued under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”), no reference has been made qua alleged transaction and subsequently in the FIR new story and new grounds have been urged. Further, applicant No.2 happens to be the son of applicant applicant No.1 and has nothing to do with the offence and whatever allegations leveled are against applicant No.1 and therefore, no custodial interrogation is required. Even, the applicants are ready and willing to join the investigation. Co-accused is released on bail. Further, the learned Sessions Judge has dismissed the application of the present applicants on the ground that warrant under Section 70 of the CrPC came to be issued but mere issuance of warrant under Section 70 or 82 of the CrPC as the applicants are absconding, is not a ground to refuse anticipatory bail. In this regard, he has relied on the decision of the Hon’ble Supreme Court in the case of Asha Dubey vs. The State of Madhya Pradesh rendered in Criminal Appeal No.4564 of 2024 and requested to allow the present application as the applicants are not having any past antecedent.

4. Learned APP appearing for the State has vehemently opposed the present application on the ground that present applicants are masterminds of the entire offence and winning over the trust of the complainant as complainant and applicants are neighbors, they lured him to invest the amount and entered into the transaction. Believing the words of applicants, the complainant entered into transaction with the accused persons in which the complainant is duped. Further, the applicants are absconding and even warrant under Section 70 of the CrPC came to be issued against applicants on 07.02.2024 and against applicant No.2, Look Out Circular is issued. Both the applicants are out of reach though ample efforts have been put in by the investigating authority, till date the applicants are not traced out. Even, only applicant No.1 has sworn the affidavit in support of the present application and that too from UAE and therefore, it clearly reveals that he is not available in the country and applicant No.2 has not even sworn affidavit in support of the present application. Even, anticipatory bail application is not filed by accused No.2 and third party has no locus to file any application and hence, present application under Section 482 of the BNSS seeking pre-arrest bail is not maintainable. Even otherwise, looking to the allegations leveled against the applicants, it appears that offence of forgery is also invoked. The accused persons are doing business in the name and style of Taj Enterprise and Dangra General Trading. As the complainant and accused persons were known to each other, on an assurance of receiving unrealistic gain and profit given by the accused persons, complainant had given the accused persons stock of oil worth Rs.41,25,176/- and further had paid a sum of Rs.12,00,000/- as advance amount towards purchase of oil however, the complainant has neither received any goods nor any refund of amount and when he went to recover his money, cheque was issued which came to be dishon