PRADIPKUMAR JALIMSINGH RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No. 11192010210039 of 2021 registered with Bagodara Police Station, Ahmedabad (Rural) for the offences punishable under sections 395, 397, 341, 323, 170, 412, 212, 120B, 188 of IPC and Section 25(1-b)(a) of Arms Act.

(3.) Mr. Rajat Gadhvi, learned advocate for the applicant submitted that the allegation against the present applicant is under Section 212 of the IPC for harbouring one of the co-accused. He submitted that the present applicant is a teacher and the accused who was staying at his house was his brother-in-law and, therefore, he has no reason to have any doubt on him. Mr. Gadhvi submitted that the applicant had no knowledge of any commission of offence by the Brother-in-Law. He further submitted that as the co-accused was staying at present applicant's house, he came to be arrested and during the course of Panchnama Rs. 5 Lakhs were recovered from the house. He further submitted that the loot of the value of Rs. 3,37,42,102/- of gold and silver ornaments, cash amount and Mobile phones was committed by 6 offenders. Reffering to the attendance sheet of the present applicant, Mr. Gadhvi submitted that being a teacher, the applicant was regularly teaching students and his presence was marked in the Register and therefore, the theory of he being absconding cannot be believed. He submitted that the arrest of the present applicant would tarnish his image and will also create a bad effect on the students of his School where he is employed. It was, therefore, prayed that discretion may be granted in favour of the applicant.