PARAKRAMSINH NARENDRASINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing C.R.No.1118900820053 of 2020 registered with Vakaner Taluka Police Station, District - Morbi for the alleged offences punishable under Sections 465 , 468 , 471 , 409 , 406 , 420 and 114 of the Indian Penal Code.

(2.) Heard, learned advocate for the applicant as well as learned Additional Public Prosecutor Mr.J.K.Shah.

(3.) Mr.V.H.Kanara, learned advocate for the applicant, has submitted that the applicant is innocent person and has wrongly been arraigned in the prosecution for the alleged episode which took place somewhere in the year 2009 in the relief work which was carried out. The applicnt at the best was merely taking measurement at the relevant point of time but, has never visited the village in question. In fact, nothing has been recovered or discovered from the applicant and it appears that through some error, the applicant's name has been arraigned in the prosecution. Apart from that, the applicant has already resigned in the section in which the alleged incident is said to have occurred and the resignation has been accepted in 2012 and after clearing Government examination, the applicant has been selected and is now at present serving as Surveyor in Morbi under the service of Government of Gujarat. The applicant is not having any criminal antecedent and appears to have been wrongly arraigned in this case. If the anticipatory bail is not granted, there are serious consequences likely to be fall back upon the present applicant and furthermore, the applicant was not the signatory or the competent authority to sign the document and whatever material is collected by the Investigating Oficer, the custodial interrogation is not required. As a result of this, this being a peculiar circumstance, the anticipatory bail may kindly be extended to the applicant.