LEELABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release her on anticipatory bail in case of her arrest in connection with the FIR registered as C.R No.11216008200013 of 2020 before Gandhinagar Sector 7 Police Station, District: Gandhinagar for the offences under Sections 465, 467, 468, 471, 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that essentially the dispute is civil dispute. He submits that the applicant is lady whose present is not required for custodial interrogation. It is his further submission that prosecution case is based on documentary evidence which is collected during the course of investigation. He submits that there is a delay in lodging FIR also. He also submits that sale deed was executed after the entry was mutated on the basis of the order of the Prant Officer. He therefore urges that the applicant may be released on bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail. She submits that bogus death certificate and pedgree (Pedhinama) was created by the applicant and other co-accused persons. According to his submission the applicant has played a direct role and therefore she may not be released on bail.