SHYAMSUNDER NANDKISHOR RATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor 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 original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as I-C.R No.11210060240681 of 2024 before Varachha Police Station, District: Surat for the offences punishable under Sec. 408 of Indian Penal Code.

(3.) Learned advocate appearing for the applicant has submitted that applicant is an innocent person and the goods were sold to the firm, namely, Rama Creation, which belongs to the complainant himself and the goods were sold at the instance of the complainant to various other parties for which the payment was received by way of cheque. It is further submitted that the allegations levelled in the present FIR is vague in nature and without any substance and if allegation as alleged then the appropriate remedy is to file a civil litigation. It is also submitted that the applicant is only earning member in the family and the FIR is misconception and with mala fide intention. Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.