MANISHBHAI HIMMATBHAI RAKHOLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No.112114020201901 of 2020 registered with Kamrej Police Station for the offences punishable under sections 323, 306, 504, 506(2) and 114 of IPC and Section 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 40 of Bombay Money Lending Act.

(3.) Mr. Kunal S. Shah, learned advocate for the applicant submitted that the husband of the complainant had business ties with the present applicant. The husband of the complainant had borrowed Rs.2 Lakhs from the applicant and for repayment of the borrowed money, he talked for selling of the flat. Mr. Shah, submitted that for showing the flat to the customers, the present applicant has collected the original key and sale deed from the husband of the complainant. He submitted that the applicant has not been named in the dying declaration or the suicide note nor in the video recording, which came to be found out by the complainant. Mr. Shah, submitted that similarly situated person Hareshbhai Nagjibhai Vegani has been released on anticipatory bail in Criminal Misc. Application No.15446 of 2020. It was, therefore, prayed that discretion may be granted in favour of the applicant.