KANUBHAI VISABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present successive anticipatory bail application has been preferred by the applicant - original accused under sec. 438 of the Code of Criminal Procedure in connection with the FIR being CR No.11198042201081 of 2020 registered on 10/11/2020 with Palitana Town Police Station, District Bhavnagar for the offences punishable under Sec. 465, 468, 471 and 120(B) of the Indian Penal Code.

(2.) Mr.Prabhakar Upadyay, learned advocate for the applicant has submitted that earlier the applicant has filed Criminal Misc. Application No.7305/2021 for anticipatory bail which was withdrawn on 26/2/2021, thereafter, again the successive applicant had preferred Criminal Misc. Application No.6421 of 2021 which was again withdrawn on 22/4/2021. Thereafter, again the applicant had filed another successive anticipatory bail application being Criminal Misc.Application No.10950 of 2021 which was disposed of by this Court. Thereafter chargesheet was filed against other two accused on 23/3/2021 in the court of learned Additional Chief Judicial Magistrate, Palitana and after filing of the chargesheet against two other accused, the applicant again filed Criminal Misc. Application No.832 of 2021 for anticipatory bail, which was rejected by the Additional Sessions Judge, Bhavnagar on 21/7/2021. Thereafter the applicant filed Criminal Misc. Application No.14829 of 2021 which was withdrawn on 17/9/2021. Thereafter, the present application has been preferred for anticipatory bail.

(3.) Mr.Prabhakar Upadyay, learned advocate for the applicant has submitted that the applicant is not named in the FIR, but the name of the application is mentioned in Column No.2 of the Chargesheet. It is submitted thate the complainant is in-charge Taluka Primary Education Officer, Palitana. The original complainant in the complaint has alleged that the accused Nos.1 and 2 both are working as teacher in Jamawadi-2 School and both of them had given an application for Inter-District Transfer in special circumstances as per the prevailing Rules and Regulations on the ground of Kidney disease of the accused No.1 and in support of the application, the applicant Nos.1 and 2 attached the certificate issued by IKDRC, Civil Hospital Compound, Ahmedabad. It is submitted that on verification by the department, it was found that the certificate produced by the accused nos.1 and 2 is forged as the same is not issued by the IKDRC, Ahmedabad. It is submitted that the accused Nos.1 and 2 whose names are mentioned in the FIR are released on anticipatory bail by the coordinate Bench of this Court. It is submitted that there is delay in filing the complaint. It is submitted that the applicant is not involved in the offence directly or indirectly. It is submitted that the applicant is going to be retired on 31/10/2023 and if the applicant is not protected, his entire career would be ruined. It is submitted that the applicant is suffering from heart disease since last five years. It is submitted that though the applicant has not committed any offence, his name is wrongly mentioned in the chargesheet and though there is no direct or indirect evidence against the applicant. He has submitted that the applicant is permanent resident of Idar, District Sabarkantha and if the applicant is released, he would cooperate in the investigation as and when required.