ANILBHAI MANIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Partyinperson Mr. Santramdas Chelaram Nihalani, Proprietor of M/s Madhukant Traders­the original complainant; learned Senior Advocate Mr. S.V. Raju, for the applicant and learned APP Ms. Krina Calla, for the respondent ­ State.

(2.) BY way of the present application under Section 438 of the Code of Criminal Procedure,1973, the applicantaccused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at CR No. I39 of 2013 before Vadodara City Police Station for the offenses punishable under Sections 420, 406, 504, 506(2), 120(B) and 114 of the Indian Penal Code.

(3.) HAVING heard the partyinperson and the learned Advocates appearing for the respective parties and considering the aforesaid aspects and also the fact that one of the coaccused, namely, Malavkumar Rajendrabhai Shah, has been granted anticipatory bail by this Court vide order dated 8.5.2013 passed in Criminal Misc. Application No. 7449 of 2013 and also taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the present 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 vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.