PARIKSHIT DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. I.H.Syed, learned Senior Counsel assisted by Mr.Prithu Parimal, learned counsel for the applicant and Ms.Divyangna Jhala, learned APP for 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. 11191065230414 of 2023 registered with Narol Police Station, Ahmedabad city, for the offences punishable under Ss. 120(b), 323, 294(b), 384, 486, 506 (2) and 507 of Indian Penal Code, 1860 and Ss. 5, 40, 42(a), 42(d) and 42(e) of the Gujarat Money Lenders Act, 2011.

(3.) Learned advocate for the applicant submits that the only allegation levelled against the applicant is that, he has tried to recover his money. Even if we accept the contents of the FIR, the applicant has become the victim and as per the allegations made in the FIR, he had lend the money and to recover the said money, he has tried to execute the documents and for that, he has tried to get token from the Registrar office in his wife's name. Except this, no any allegations is levelled against the applicant. He further submitted 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. In view of the above, the applicant may be granted anticipatory bail.