VIKRAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant has prayed for anticipatory bail in connection with the FIR being C.R. No. 11195060200551 of 2020 registered with Vav Police Station, District: Banaskantha for the offence punishable under Ss. 376(1), 354A, 506(2) and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the impugned FIR is nothing but it is counterblast to the written complaint filed by the grand-father of the applicant against the father-in-law of the complainant only with a view to use arm twisting method, the present FIR has been lodged. He further submits that the land dispute is pending between the parties and with a oblique motive, after delay of 3 months, the FIR has been lodged against the present applicant. The applicant is innocent and he has been falsely implicated in the alleged offence. He has no past antecedent of like nature and custodial interrogation of the applicant is not essential for the purpose of investigation.

(3.) Mr. N.R. Desai, learned advocate for the complainant has opposed grant of anticipatory bail stating inter alia that the allegations against the present applicant are grave and serious in nature and as such there is no delay in lodging the FIR. Therefore, custodial interrogation is necessary for further investigation of the case.