FULCHAND @ DHARMESH GHANSHYAMBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.N.D.Nanavati, learned Senior Counsel for the applicant; Ms.Krina Calla, learned Additional Public Prosecutor for the respondent-State of Gujarat and Mr.Nitin Gandhi, learned advocate for the original complainant.

(2.) BY way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant ­ original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I-101 of 2013 registered with Sola High Court Police Station, Ahmedabad for the offences punishable under Sections 406, 420, 114, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

(3.) HAVING heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980)2 SCC 565.