HASMUKH KHIMABHAI GOJIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in connection with the FIR No. 11202057200362/2020 registered with Sikka Police Station, Jamnagar for offences punishable under Sec. 120B, 406, 420, 465, 467, 468, 471 of IPC.

(2.) Ms. Shivangi Vyas, learned advocate for the applicant submits that by an order dtd. 5/11/2020, this Court had protected the applicant by directing the police not to take any coercive steps and the said interim relief continued till today. Ms. Vyas submits that reply filed in Regular Civil Suit no.1236 of 2019 and further, the reply which had been given to the legal notice clarifies that the complainant of the present FIR has never named the present applicant in the Suit while all the allegations were against Jitendra Ramshibhai Goriya.

(3.) Countering the arguments, learned advocate Mr. Daxay Patel for learned advocate Mr. B.T. Rao states that the present applicant had forged the signature on the payment receipt and entire money of the sale transaction has been usurped by him and both the present applicant and Jitendra Ramshibhai Goriya are distant cousins and there has been a conspiracy from their side.