MOHNISHBHAI 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 being C.R. No.11210030230587 of 2023 with Mahidarpura Police Station, District Surat for the offences punishable under Ss. 420, 34 and 120B of the Indian Penal Code.

(3.) Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. It is further stated that he is only a friend of Amar Patil, who is the accused in the complaint. It has been alleged against Amar Patil that he made a transaction of Rs.5,00,000,.00 whereas in fact, the present applicant has nothing to do with it. Even the alleged offence took place in December 2022, and the complaint was filed in July 2023. In the FIR, a specific date is mentioned using the phrase 'on the following day. It is further submitted that offence is not punishable by life or death. Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.