Gujarat High Court
Manish Ghanshyambhai Desai vs State Of Gujarat on 4 February, 2025
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R/CR.MA/1314/2025 ORDER DATED: 04/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1314
of 2025
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MANISH GHANSHYAMBHAI DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR MAHESHB BARIYA(2234) for the Applicant(s) No. 1
MR RAVINDRA P PATEL(5276) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 04/02/2025
ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and on
behalf of the respondent No.1 - State of Gujarat.
[1.0] By way of the present application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "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.
No.11210030240961 of 2024 registered with Mahidharpura
Police Station, Surat City for the offences punishable under
Sections 409 and 420 of the IPC.
[2.0] Learned advocate for the applicant has submitted that
applicant is falsely enroped in the offence and he is not indulged
in committing the cheating. Offence is punishable upto 7 years.
Complaint is filed belatedly. Upon instructions, learned advocate
for the applicant has submitted that without prejudiced to his
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rights and contentions, to show his bona fide, applicant is ready
and willing to deposit an amount of Rs.9,96,526/- before the
concerned Trial court and he is ready and willing to join the
investigation. Now nothing remains to be recovered or
discovered from the present applicant and therefore, custodial
interrogation at this stage is not necessary. Besides, the
applicant is available during the course of investigation and he is
ready and willing to join the investigation and will not flee from
justice. In view of the above, the applicant may be granted
anticipatory bail.
[3.0] The Learned Additional Public Prosecutor appearing on
behalf of the respondent - State, has opposed the grant of
anticipatory bail, citing the serious nature of the offence. The
APP has argued that the applicant is named in the FIR and is
accused of committing criminal breach of trust and cheating.
Furthermore, the applicant has not cooperated with the
investigation, and therefore custodial interrogation is deemed
necessary. The allegations against the applicant include receiving
30.60 carats of diamonds worth Rs. 9,96,526/- from the
complainant, selling the diamonds to another person, and failing
to return the money to the complainant, thereby
misappropriating the funds. A formal complaint has been filed in
this regard. Hence, he has requested to dismiss the present
application.
[4.0] Having heard the learned advocate for the parties and
perusing the investigation papers, it is equally incumbent upon
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the Court to exercise its discretion judiciously, cautiously and
strictly in compliance with the basic principles laid down in a
plethora of decisions of the Hon'ble Apex Court on the point. It is
well settled that, among other circumstances, the factors to be
borne in mind while considering an application for bail are (i) the
nature and gravity of the accusation; (ii) the antecedents of the
applicant including the fact as to whether he has previously
undergone imprisonment on conviction by a Court in respect of
any cognizable offence; (iii) the possibility of the applicant to flee
from justice; and (iv) where the accusation has been made with
the object of injuring or humiliating the applicant by having him
so arrested. Though at the stage of granting bail an elaborate
examination of evidence and detailed reasons touching the merit
of the case, which may prejudice the accused, should be avoided.
I have considered the following aspects.
(1) Alleged offence is punishable upto 7 years;
(2) Without prejudiced to his rights and contentions, to show
his bona fide, applicant is ready and willing to deposit an
amount of Rs.9,96,526/- before the concerned Trial court
within 30 days from the date of receipt of this order and he
is ready and willing to join the investigation.
Without further discussing in detail, the present application
deserves consideration;
[5.0] This court has also considered the judgment in the case of
Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273,
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Satender Kumar Antil v. Central Bureau of Investigation &
Anr. reported in (2022)10 SCC 51 and Md. Asfak Alam vs. State
of Jharkhand and Another reported in 2023 SCC OnLine SC 892
wherein the Hon'ble Apex Court has observe that whenever
there is punishment of 7 years, then the court would be liberal to
exercise the discretion. Further, by exercising the discretion
under Section 438 Cr.P.C/under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the doors of
remand by the Investigating Officer is open and therefore also
this court is inclined to exercise powers under Section 438 of
Cr.P.C./under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (for short "BNSS").
[6.0] In the result, the present application is allowed by directing
that in the event of arrest / appearance of the applicant in
connection with the FIR being C.R. No.11210030240961 of 2024
registered with Mahidharpura Police Station, Surat City, the
applicant shall be released on bail on furnishing a personal bond
of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of
like amount on the following conditions that applicant :
(a) shall cooperate with the investigation and make himself
available for interrogation whenever required;
(b) shall remain present at the concerned Police
Station on 12/02/2025 between 11.00 a.m. and 2.00
p.m. and the IO shall ensure that no unnecessary
harassment or inconvenience is caused to the
applicant;
(c) shall not directly or indirectly make any inducement,
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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 his residence till the
final disposal of the case till further orders;
(f) shall not leave India without the permission of the
Court and if having passport shall deposit the same
before the Trial Court within a week;
(g) an order of anticipatory bail does not in any manner
limit or restrict the rights or duties of the police or
investigative agency, to investigate into the charges
against the person who seeks and is granted pre-
arrest bail;
(h) It is open to the police or the investigating agency to
move the learned trial Court for a direction under
Section 483(2) to arrest the accused, in the event of
violation of any term, such as absconding, non-
cooperating during investigation, evasion,
intimidation or inducement to witnesses with a view
to influence outcome of the investigation or trial,
etc.-
(i) Without prejudice to his rights and contentions, the
applicant shall deposit an amount of Rs. 9,96,526/-
before the concerned Trial Court within 30 days
from the date of receipt of this order, to
demonstrate his bona fide. Additionally, the
applicant expresses his readiness to join the
investigation. In the event of non-compliance, a non-
bailable warrant shall be issued against him.
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[7.0] At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while enlarging the
applicant on bail.
[8.0] Rule is made absolute to the aforesaid extent. Application
is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
