MAHIJIBHAI MELABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Sandip M. Patel for the applicant and learned APP Mr. L. B. Dabhi for the respondent-State.

(2.) The applicant apprehending his arrest in connection with the FIR being C. R. No. 11197005210333 of 2021 registered with the Vadodara Taluka Police Station, Vadodara Rural on 18/3/2021 for offences punishable under Ss. 467 , 468 , 474 , 404 , 196 , 193 , 120(b) of the Indian Penal Code, has preferred this application praying for grant of anticipatory bail.

(3.) Learned Advocate Mr. Patel on behalf of the applicant would submit that the allegation in the FIR being that the applicant had impersonated one Mahijibhai and given an application for getting the compensation amount with regard to a land which had been acquired for the high speed Rail project at village Sherkhi is absolutely false. Learned Advocate Mr. Patel would submit that as a matter of fact the applicant was the same Mahijibhai and whereas he was owner of the land in question and whereas the first informant, was himself an impersonator who did not have any right title or interest over the land in question. Learned Advocate Mr. Patel would further submit that the applicant had in fact preferred a complaint before the learned Magistrate, Vadodara and whereas vide an order dtd. 21/5/2022, the learned 7th Additional Chief Judicial Magistrate, Vadodara had directed registration of the said complaint as a private complaint and the matter has been kept for verification of the complainant. Learned Advocate Mr. Patel would submit that the applicant had inter alia questioned the interest of the first informant party over the land in question by way of the said criminal complaint.