ASHISH DAMJIBHAI BAMBHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.11993003210149 of 2021 registered with Anjar Police Station, Dist. Kachchh for the offences under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860.

(3.) Learned advocate for the applicant has submitted that the applicant is bona fide purchaser of the property. He has submitted that the applicant does not know the accused persons, who had executed the sale deed in favour of him and those accused persons are not even real and genuine persons. He has submitted that when the applicant came to know about such incident, he filed an application before the revenue authority for not registering the sale deed and thereafter, the applicant and co-purchaser also filed an affidavit before the revenue authority stating that the dispute is resolved between the parties and the sale deed may not be registered. He has further submitted that the applicant has neither forged any documents nor he has used such forged documents as genuine. It is submitted that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice.