ORAL ORDER

By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11210006230185 of 2023 registered with Dumas Police Station.

2. The short facts of the case as emerging from the FIR are that complainant was dealing in the business of prawns. It is alleged that the applicant herein is an agent who buys the prawns and sells it to the third person. The applicant met the complainant herein and both of them agreed to deal in the said business of prawns. Subsequently, the applicant herein informed the complainant that his business party is Shri Subramaniyam Sea Food and the same is having good reputation and goodwill and therefore the complainant agreed to do business with the applicant. Subsequently it is alleged that the complainant and the applicant no. 1 i.e. had a business transaction of Rs. 1,59,12,981/-. After passing of certain time, the complainant herein had asked for the pending amount of Rs. 1,59,12,981/- from the applicant no. 1 and the applicant no. 1 said that his books of accounts have been sized by the IT department. Thereafter, the complainant had many times asked the accused no. 1 to clear the dues but the applicant no. 1 had only given false promises to the complainant herein and for the same no amount till date has been paid to the complainant. Hence, the present FIR came to be filed.

3. Upon filing of the aforesaid complaint, the applicant preferred an application seeking anticipatory bail before the learned court below which came to be rejected and thus present application is filed.

4. Heard learned Advocates appearing for the respective party at length.

5. Learned Advocate Mr.Dave for the applicant would submit that petitioner has played the role of agent and is not directly or indirectly involved in the offence. He would further submit that it is the accused no.1 who is required to pay the entire amount as vannamei prawns was supplied to accused no.1. He would further submit that accused no.1 has filed insolvency before the concerned Court as he could not pay the amount to various sellers of vannamei prawns and other creditors and places on record the Annexure–AA1 to buttress his argument that since the entire transaction is taken place with accused no.1, present petitioner who is arrayed as accused no.2 in the capacity of being agent and he has not actively participated in the offence and therefore he may be granted anticipatory bail. He would further submit that petitioner is ready and willing to co-operate with the investigation and will abide by any of the conditions that may be imposed by this Hon’ble Court. He would therefore submit to allow this petition.

6. On the other hand, learned Advocate for the first informant Mr.Desai taking this Court through the affidavit of IO filed before the learned Court below would submit that petitioner was arrested on 14/04/2023 from the Andhra Pradesh and was produced before the learned JMFC for transit remand on 15/04/2023; however learned JMFC did not grant transit remand and therefore arrest proceedings could not be completed. He would further submit that at that time accused was given notice under Section 41 of the Cr.PC to remain present before the Court at Surat; but he did not comply with the said notice and therefore warrant under Section 70 of Cr.PC came to be issued by the learned Court below at Surat. He would further submit that letter was issued by the learned Court below Surat to the SP, Amlapur, Andhra Pradesh to serve the warrant issued under Section 70 asking him to take personal interest to serve the warrant and to provide trustworthy police officials to do so. He would further submit that thereafter the Surat Police went to Andhra Pradesh to serve the summons; but could not find the accused from the given address and therefore accused is evading the Police and did not provide co-operatio