SADHU DARSHANPRIYADASJI GURU HARIPRASADDASJI Vs. STATE OF GUJARAT

JUDGEMENT

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

(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.11215002240810 of 2024 registered with Anand Town Police Station, Anand for the offences punishable under Sec. 318, 351(4), 54 of the Indian Penal Code, 1860 (for short "IPC") / The Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Sec. 3 of GPID Act, 2003.

(3.) Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is a saint in the Swaminarayan sect and, with the intention of building a temple, the applicant, along with co-accused, is alleged to have contacted the complainant for the purchase of 510 vighas of land. In this regard, an agreement to sell was executed, and accused Nos. 7 and 8 acted as agents of the present applicant, fixing the consideration at Rs.3,04,50,000.00. However, the said amount was not paid by the applicant to the complainant. Furthermore, there is no privity of contract, and the present applicant is not a signatory to the agreement to sell that was executed between the parties. The applicant has not received possession of the land, and even today, possession remains with the original owner. The case is based on documentary evidence. Nothing is required to be recovered or discovered from the present applicant. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable conditions.