HITESH INDRAKUMAR MAKHIJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicants under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of their arrest in connection with FIR registered at C.R.No.11196010220010 of 2022 before D.C.B. Police Station, Vadodara City for the offence punishable under Ss. 406, 409, 420, 120B, 506(1), 114, etc. of the Indian Penal Code .

(2.) Learned advocate appearing on behalf of the applicants would submit that the applicants are innocent and falsely implicated in the alleged offence. He submitted that the applicants are not involved in any offence in past, they have been implicated in the alleged offence only because they were the partners of the 'Krish Realty' at the relevant time and after some time, the partnership was dissolved. He submitted that upon bare perusal of the FIR, there is not even the allegation that they have dealt with the complainant or his brother at the point of time for booking of the said duplex in Sukhdham Residency. He submitted that there is no specific role attributed to the present applicants in the FIR. He further submitted that the applicants have been granted protection by the Co-ordinate Bench of this Court vide order dtd. 5/8/2022. He, therefore, submitted that the applicants may be enlarged on anticipatory bail by imposing suitable conditions. Learned counsel for the applicants has tendered today affidavit-in-rejoinder filed by the applicants to the affidavit-in-reply filed by the original complainant. The same is ordered to be taken on record.

(3.) On the other hand, the learned APP appearing for the respondent-State has opposed this application and granting anticipatory bail to the applicants looking to the nature and gravity of the offence.