AMITKUMAR AKA SUMITKUMAR AJAYKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule on behalf of the respondent - State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR No.11185004220436 of 2022 dtd. 28/4/2022 registered with Jamkhambaliya Police Station, District Devbhoomi Dwarka for the offences punishable under Ss. 465, 468, 471 and 120-B of the Indian Penal Code, 1860.

(3.) Learned advocate Mr. Prateek Bhatia appearing for the applicant submitted that present applicant has nothing to do with the alleged offence. It is stated that the present applicant is arraigned at the instance of statement of the co-accused. It is alleged that the present applicant has created the forged Certificates of Marine First Class/ Second Class, Master/ Engine Driver and NVC for various individuals for recruitment in various private and public companies and in return, the applicant received money in his bank account. It is submitted that there is no custodial interrogation required and the investigation of the impugned FIR is over and the entire material have been recovered. It is submitted that charge- sheet is already filed and, therefore, the present application be allowed and the applicant be granted anticipatory bail. Even the FIR is filed belatedly and the said delay is unexplained and in absence of such an explanation, the prosecution is fatal.