MAHESHBHAI HARSHADBHAI TRIVEDI 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.11210015220088 of 2022 before D.C.B. Police Station, Surat City, Surat for the offence under Ss. 420, 465, 468, 471, 120B, 34, 114, and 409 of the Indian Penal Code.

(2.) Learned advocate appearing on behalf of the applicant would submit that the present applicant was only a guarantor involved in the alleged offence. Moreover, the original amount borrowed by the owner of the property is already deposited by the borrower and they have paid all the dues of the concerned Bank. He also submitted that the co-accused i.e. main borrower is already enlarged on regular bail by the co-ordinate Bench of this Court vide order dtd. 18/7/2022 passed in Criminal Misc. Application. No.10825 of 2022. He further submitted that the applicant had personally remained present before the Investigating Officer as per the direction of the Co-ordinate Bench of this Court vide order dtd. 8/7/2022 and his statement was also recorded. He 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.