IMTIYAZHUSEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State. 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 him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11207078200589 of 2020 before Kankanpur Police Station, District: Panchmahal for the offences punishable under sections 406, 420, 114 and 120-B of the Indian Penal Code and Section 66-D of the Information Technology Amendment Act 2008.

(2.) Learned advocate Mr.Rafik Lokhandwala for the applicant submits that the applicant is falsely implicated in the present offence and there is no transaction of purchasing Grit, Metal or cement from the complainant by the present applicant. The transaction was mainly between the accused no.1 and the complainant. The present applicant has never met the complainant for any transaction moreover, it is also submitted that the responsibility of the payment of amount has been taken up by the mother and the brother of the accused no.1 to the complainant and the agreement has been executed to that effect. The accused who has purchased Grit, Metal or cement from accused no.1 has already paid share of amount. Though it is a case of civil nature, it has been given a colour of criminal. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant- accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.