Anticipatory bail should not be granted in serious economic offences where there is a risk of evidence tampering and ongoing investigations.

ORDER :

[1.0] RULE. Learned APP waives service of notice for the respondent – State of Gujarat.

[2.0] By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. C.R. No.11215001240664 of 2024 registered with Anand Rural Police Station, District Anand for the offence punishable under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).

[3.0] Learned advocate for the applicant has submitted that the applicant herein has nothing to do with the offence and has been falsely implicated in the present case. Further, the complaint is filed belatedly. It is submitted that the applicant is working as Peon in the Bank of Baroda, Chikhodra Branch as per the allegations leveled in the complaint, the complainant is having locker No.036 with the Bank of Baroda, Chikhodra Branch in the joint name with his wife and he used to keep valuable jewelry and cash in the said locker. As per the banking practice, the Manager has to mange the lockers. To come out from the allegations of theft of cash and 80 gram of gold from the locker of the complainant at different times, allegation is foisted against the present applicant though no material is collected during the investigation which points the involvement of the present applicant. Presence of applicant is natural as applicant is also having the locker in the same branch and he has also operated the locker at four different times in January, October and November, 2024 and during the period from 07.02.2024 to September, 2024, applicant has enjoyed three casual leaves. Further, there was mismanagement and negligence on the part of the Manager and other officials of the Bank to for which they have shifted the blame on the present applicant and has made him the scapegoat. Further, nothing is required to be recovered or discovered from the present applicant and he is not indulged in the alleged offence. The complaint is filed belatedly merely on the basis of suspicion and vague allegations are leveled against the present applicant, who is absolutely innocent. Further, the applicant is employee of Bank and therefore, there is no risk of absconding. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

[4.0] The learned APP appearing for the respondent-State has opposed the application on the ground that the applicant is working as Peon in the Bank of Baroda, Chikhodra Branch. The locker holder – complainant had given an application qua missing of his ornaments and cash from his locker and said fact was reported to the police pursuant to which police conducted the preliminary investigation and during the said investigation, statement of applicant came to be recorded wherein he has admitted that he used to operate the lockers of customers as Manager was on leave and as she was having a gynec problem, she used to take help of the applicant and taking undue advantage of the said fact, applicant has managed to prepare the duplicate key of locker and has used the locker. So far as delay in filing of the FIR is concerned, if any customer opens a locker and come to know about missing of any ornaments from the locker then he will raise the voice but unless and until a person does not operate the locker he will never come to know about any defalcation or any embezzlemen