NEELESH TRIVEDI 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.11206077230133 of 2023 with Modhera Police Station, Mehsana for the offences punishable under Ss. 306 and 114 of the Indian Penal Code, 1860.

(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 submitted that once an affidavit is executed and a cheque is issued for the amount of Rs.68,00,000.00 which is subsequently returned, no offence under Sec. 420 of the Indian Penal Code (IPC) is made out. The incident took place in the morning, while the complaint was filed in the evening, and considering the eleven-hour delay, the possibility of tampering with the alleged suicide note cannot be ruled out. Furthermore, it is alleged that no proximate cause to write the suicide note is evident from the investigative papers.