RANJANBEN VALLABHBHAI TANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I-11192062220105 of 2022 registered with Vithalapur Police Station, District Ahmedabad Rural for the offence punishable under Sec. 406, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code .

(2.) Learned advocate for the applicant submits that the present applicant is the bonafide purchaser of the land in question and she paid full consideration of the land to the erstwhile owners. That the complainant has not filed any civil suit against the accused nos. 1 to 7. Moreover, the accused no.1 to 7 has clearly mentioned in the registered sale deed in favour of the present applicant that they had not sold the property to anyone. That, the applicant has been wrongly mentioned as an accused in the impugned FIR and there is no allegation of overt act played by the applicant.

(3.) It was further submitted by learned advocate for the applicant that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. That, 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. Ultimately, it was requested by learned advocate for the applicant to allow present application.