GANPATJI DAHYAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. J.K. Shah, learned Additional Public Prosecutor waives service of rule on behalf of the respondent - State.

(2.) 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.1121600420028020 registered with Dabhoda Police Station, for the alleged offences punishable under Sections 406 , 465 , 467 , 468 , 471 and 120B .

(3.) Mr. Kartik Pandya, learned advocate for the applicant has submitted that the applicant is an innocent person, wrongly arraigned in prosecution, just on the basis of the statement of the co-accused. In fact, there is no role played by the applicant in any form and further even if the FIR assertion is to be taken as it is, then also, the applicant is not monetarily benefited, nor having any relations with other co-accused persons. On the contrary, it appears from the entire assertion that he is merely present and that would not connect him to the main offence. Apart from that, Mr. Pandya has further submitted that on the similar role, some three co-accused have been enlarged on bail by the learned Sessions Court and the co-accused who has even put signature on the Pedhinama, has also been granted regular bail and when that be so, there is hardly any case made out against the applicant. Apart from that, it has been submitted that co-accused who purchased the land in question i.e. Kalpesh Desai, who filed a petition for quashing before this Court being Criminal Misc. Application No. 9280 of 2020 in which, on entertaining such petition, vide order dated 07.07.2020, protection was extended to other co- accused persons, who on the contrary, purchased the land in question and who appears to be the main accused person as well. Since the applicant is no connection whatsoever, the Court may kindly consider, since all other accused persons are under protection.