MANOJ VIRENDRA PRATAPSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Counsel Mr.I.H.Saiyed appearing with Mr.K.M.Dastoor, learned advocate for the applicant, learned APP Ms.Mehta for the respondent-State and Mr.A.D.Oza, learned counsel for complainant at length through video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR No.I-238 of 2019 registered with Sector- 7 Police Station, Gandhinagar, for the offences under Sections 406 , 420 , 465 , 466 , 467 , 471 , 114 and 468 of the Indian Penal Code.

(3.) Mr.I.H.Saiyed, learned Senior Advocate appearing for the applicant vehemently submitted that the FIR has been lodged against three Trusts and their trustees. He has also submitted that one Mehul has uploaded the documents on the web site of the government for getting sanction/permission to start the school. According to him, present petitioner has not created any false documents. He has also submitted that almost all the other accused are enlarged on bail. He has also submitted that it is alleged by prosecution that the documents for the land of proposed school, which were submitted at the relevant time are forged but for that action the petitioner has not played any role. He has submitted that considering the fact of release of other accused on bail, as the present petitioner is similarly situated, on the ground of parity also this application may be allowed. He has submitted that the petitioner will abide by all the conditions that may be imposed by the Court. He further submitted that besides the applicant will be available during the course of investigation and will not flee away from the justice. In view of the above, learned counsel has submitted that the applicant may be enlarged on anticipatory bail by imposing suitable conditions.