CHAGANBHAI GEMABHAI CHAREL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend the name of the applicant as "Chhaganbhai" instead of "Chaganbhai" is granted. Registry to issue writ accordingly. [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.11821014200080 of 2020 before Dhanpur Police Station, District: Dahod for the offences punishable under sections 465, 466, 471 and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the case rests upon documentary evidence and the register is already recovered by the police and the applicant has no antecedents. It is further submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant on instructions 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. It is 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.

(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.