PUSHPABEN NATVARLAL CHANDALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants - original accused has prayed to release them on anticipatory bail in case of them arrest in connection with the FIR registered as C.R No. 11201015220005 of 2022 before CID (Crime), Rajkot Zone Police Station, District: Rajkot (City) for the offences under Ss. 406 , 420 , 465 , 467 , 468 , 471 , 474 , 114 , 120B etc. of the Indian Penal Code .

(2.) Heard Mr.Rathin Raval, learned advocate for the applicants and Mr.L. B. Dabhi, learned Additional Public Prosecutor for the respondent - State.

(3.) Mr.Raval, learned advocate for the applicants submits that the applicants are innocent and have been implicated in the alleged offence. He submits that the agreement to sale was executed between the applicants and father of the complainant in the year 2008 and the sale deed was executed by the father of the complainant in favour of the applicants. He submits that the sale deed executed in 2010 and the complaint came to be filed in 2022 after a period of 12 years. He submits that three FIRs filed against the applicants, wherein they are protected in quashing petitions. He also submits that this Court granted interim protection to the co-accused vide order dtd. 22/8/2022 passed in Criminal Misc. Application No.15119 of 2022. He submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary and besides the applicants will be available during the course of investigation and will not flee away from the justice. He submits that in view of the above, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.