Guj HC | Cooperating with the investigating agency entitles accused for bail

Gujarat High Court: The Bench of Vipul M. Pancholi, J. allowed a petition seeking anticipatory bail subject to certain restrictions.

In the pertinent case, the allegations against the accused were of producing forged documents and of abetment. The counsel for the applicant stated that he is ready and willing to abide by all the conditions including the imposition of conditions with regard to powers of Investigating Agency. And considering the nature of the alleged offences, custodial interrogation was not needed at this stage.

The Court considered that the allegation against the applicant is that at the most he has abetted the main accused and there was an undue delay of 5 years in lodging the FIR. And since he is cooperating with the investigation agency, his custodial interrogation is not required. The Court relied on the law laid down by Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 and thus, allowed the petition directing the release of the applicant on bail.[Gupta Anandkumar Satyanarayan v. State of Gujarat, 2019 SCC OnLine Guj 285, Order dated 21-02-2019]

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