BAGDIYA CHIRAG LABHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice for the respondent - State of Gujarat.

(2.) By way of the present application under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), 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.11192011240756 of 2024 registered with Bopal Police Station, Ahmedabad Rural for the offence punishable under Ss. 61, 316(2), 319(2), 336(2), 336(3), 336(4), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Sec. 66(C) and 66(D) of the Information Technology Act.

(3.) Learned advocate for the applicant has submitted that the applicant herein is not named in the FIR and has been falsely implicated in the present case. Further, there is no any allegation against the present applicant and he is neither in contact with the complainant nor has received any payment from the complainant. The present applicant is implicated only on the basis of statement of one Vivek Vadodaria which has no evidentiary value in the eyes of law. In the said statement it has been stated that present applicant has received Rs.4.00 lakh which has gone in the account of co-accused Gunjan Sardhara. The applicant is not having any past antecedent and is a law abiding citizen. Further, nothing is required to be recovered or discovered from the present applicant. Further, 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.