Grant of anticipatory bail requires assessing the necessity of custodial interrogation, applicant's cooperation, and the nature of allegations.

ORAL 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 being C.R. No.11200051210699 of 2021 registered with Dungra Police Station, District: Valsad for the offences under the provisions of Sections 5 , 7, 11 of the Essential Commodities Act and Sections 285 and 34 of the Indian Penal Code .

2. Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. He has no past antecedent of like nature and custodial interrogation of the applicant is not essential for the purpose of investigation.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail stating inter alia that the allegations against the applicant are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.

4. Having heard the learned advocates for the parties and perusing the material placed on record, it appears that accused persons who were arrested from the premises of the company are already released by the learned Magistrate and one of the co-accused -wife of the petitioner is also released on anticipatory bail by learned Sessions Judge. It is also argued that bio-diesel is not a prohibited good as enumerated in the Act and, therefore, the Essential Commodities Act will not apply in the present case. The applicant has no any past antecedent of like nature and co-operated throughout in the investigation. There is no possibility of his fleeing from justice and there is nothing to be tempered with the evidence.

5. Considering the facts and circumstances of the case and the role attributed to the present applicant in the alleged offence, I find no reason to decline pre-arrest bail to the applicant. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with a FIR being C.R. No.11200051210699 of 2021 registered with Dungra Police Station, District: Valsad on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions:

(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

(b) shall remain present at concerned Police Station on 20.01.2022 between 11.00 a.m. and 2.00 p.m.;

(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change their residence till the final disposal of the case till further orders;

(f) shall not leave India without the permission of the Trial Court and if having passport shall deposit the same before the Trial Court within a week; and (g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;

6. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first d