PATEL ATULBHAI DAVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Today, learned advocate for the applicant has produced the affidavit of Pathak Sushilkumar Krupashankar who has made his signature in the disputed will, which is taken on record. By way of the present application under Sec. 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 PART-A CR No. 11216009210507 of 2021 registered with Mansa Police Station, District Gandhinagar for the offence punishable under Ss. 406 , 420 , 464 , 467 , 468 , 471 and 120(B) of the Indian Penal Code.

(2.) Heard learned advocates for the respective parties.

(3.) It was submitted by learned advocate for the applicant that applicant is not having any single past criminal antecedent. That the applicant is falsely implicated in the offence. The applicant was looking after and taking care of Patel Manguben Gandabhai in her old age and she did not have any children. That the applicant is nephew of Patel Manguben Gandabhai and therefore, she made a will in favour of the applicant. That the entire episode as stated in the FIR is a concocted version. That the complainant was jealous because of the will made by Manguben Gandabhai Patel in favour of the applicant in the year 2012 and she being advocate pressurized the police officer, Mansa to lodge the complaint and therefore, ultimately at the instance of complainant, the complaint is filed. That, the complainant is very well aware about notarized will made in the year 2012 and therefore, she filed a suit in the year 2012 for declaration before the civil court, Mansa and the suit is also pending for hearing. The FIR is lodged almost after delay of 9 years from the date of notarized will with ulterior motive and it is a clear case of totally civil dispute.