JITENDRABHAI JASHUBHAI PATEL 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.11191025220115 of 2022 before Kagdapeeth Police Station, Ahmedabad for the offence under Ss. 406, 409, 420, 506(2) and 294B of the Indian Penal Code.

(2.) Learned advocate appearing on behalf of the applicant would submit that there is a commercial transaction between the present applicant and the complainant. He further submitted that the complainant himself has admitted that he has received almost Rs.1,87,00,000.00 from the present applicant. He also submitted that the applicant is ready and willing to deposit the amount as may be directed by this Hon'ble Court. 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. 24/2/2022 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.