NIKUNJJI GHABHAJI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred by the applicant under Sec. 438 of the Criminal Procedure Code, 1973 seeking anticipatory bail in connection with C.R.No.I - 11216006230134 of 2023 registered with Chiloda Police Station, District Gandhinagar for the offence punishable under Sec. 406 , 420 and 114 of the Indian Penal .

(2.) Heard Mr.Jucky Lucky Chan, learned advocate for the applicant.

(3.) Mr.Jucky Lucky Chan, learned advocate for the applicant has submitted that as per the FIR, the role attributed to the present applicant is that the applicant had constructed houses without obtaining any prior permission for construction of the houses and had sold those houses to the first informant and other witnesses and had collected money for the same. He further submitted that in fact since the year 2016, the Gandhinagar Urban Development Authority was not in existence, but the applicant had obtained development permission from the Village Panchayat and the said permission came to be granted on 16/3/2016. Thus, the applicant had obtained necessary permissions for construction of the houses and therefore, the allegations leveled against the present applicant in the FIR do not stand. He, therefore, submitted to allow the present application and enlarge the present applicant on anticipatory bail subject to suitable terms and conditions.