DHIRUBHAI KARSHANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Dr. Narendra Amin for the applicant and learned APP Shri Dharmesh Devnani for the respondent State.

(2.) By way of this Application, the Applicant herein seeks anticipatory bail in connection with criminal complaint being C.R. No.I- 11213015201410/2020 registered with Gondal City Police Station, District Rajkot dated 30.9.2020 for the offence punishable under Section 269 , 188 , 114 , 466 , 447 , 218 and 201 of the Indian Penal Code and under Section 42 , 43 and 45(12) of the Prisons Act, 1894.

(3.) Learned Advocate Shri Amin submitted that the applicant is not named in the complaint and that the role of the present applicant is not as much for which custodial interrogation is required and he further submits that in view of the fact that co-accused being accused No.12 in the Criminal Complaint being Gate Keeper of the Jail concerned, being released on regular bail, the applicant may be granted the benefit of anticipatory bail by this Court. Shri Amin further submits that the material produced on record against the Applicant are fabricated material which prima-facie on the basis of which the Applicant should be either protected by this Court or granted anticipatory bail by this Court. Learned Advocate Shri Amin further submits that the applicant is not an absconder as such and that as far as the department is concerned, the applicant had been transferred to Rajpipla Jail and whereas the applicant had been granted medical leave. Shri Amin further submits that he has only received one summons with regard to the present complaint and, therefore, the findings of the learned Sessions Court as regards the applicant being an absconder is not true. Learned Advocate Shri Amin has further contended that the entire case against the applicant is fabricated and is on account of rivalry. It is also submitted by the learned Advocate Shri Amin for the applicant that at the relevant point of time when the raid was conducted he was not in the Jail.