ABHISHEK AJAYBHAI KHAITAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.112100552111586 of 2021 before Salabatpura Police Station, Surat for the offence under Ss. 406, 420, 504, 506(2) and 120B of the Indian Penal Code.

(2.) Learned advocate appearing on behalf of the applicant would submit that the transaction between the present applicant and the complainant is a business transaction and the applicant has made timely payment to the complainant in past also. He further submitted that the complainant has also admitted the fact that the applicant has paid some amount to the complainant and for some amount remaining due, there is a dispute and therefore, the present FIR is filed. He further submitted that the applicant had personally remained present before the concerned Investigating Officer as directed by the Co-ordinate Bench of this Court vide order dtd. 8/3/2022 and his statement is also recorded. He, therefore, submitted that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

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