MANJULABEN HASMUKHBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of 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.I-5 OF 2019 registered with DCB Police Station, Surat.

(3.) The case of the prosecution is that FIR came to be lodged by one Dilipbhai Naranbhai Patel at DCB Police Station, Surat on 2.4.2019 for the offences alleged to have been committed during the period commencing from 30.5.2018 to 30.10.2018 and the said complaint is in connection with grant of Non-agricultural permission to the agricultural bank. It was alleged in the complaint that said Dilipbhai Naranbhai Patel, who is the resident of Surat and was working in the office of District Panchayat as Senior Clerk, upon instruction of DDO (Rural), Shr H.L.Joshi, who directed him to make inquiry about doubtful cases of granting Non-agricultural permission to certain agricultural lands and in that context, during the course of inquiry, it was found that out of that, 7 lands of different blocks and survey numbers are given effect in the revenue record as non-agricultural land which are otherwise found to be on the basis of false and bogus signature and stamp. The 7 land survey numbers which are part of the complaint are belonging to 7 different persons named in the FIR and have got their lands converted on the basis of false and bogus documents. In this connection, after filing of different charge-sheets, the name of present applicant came to be surfaced and shown as an accused, not arrested so far and the allegations against the applicant in a charge- sheet dated 10.12.2019 as per the case of prosecution that present applicant alleged to have accepted an amount of Rs.3,50,000/- from another accused - Jitendra Sorathiya for the documents which are prepared by Architecture - Kalpenbhai Harsora and thereby, all these persons inter-se alleged to have committed an offence, for which the complaint is lodged.