MUKESHBHAI RATNAKARBHAI BHARWAD 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.11196002240357 of 2024 registered with Bopad Police Station, Vadodara City for the offences punishable under Sec. 406, 420, 465, 467, 468 and 120(B) of the Indian Penal Code, 1860 (for short "IPC") / The Bharatiya Nyaya Sanhita, 2023 (for short "BNS").

(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. It is submitted that the dispute is civil in nature but is being portrayed as a criminal matter. No specific allegations have been made against the applicant regarding the alleged forged documents and power of attorney. The applicant had filed Regular Civil Suit No. 107 of 2023 concerning a portion of the disputed property; however, the suit was dismissed for want of prosecution. The allegations regarding the power of attorney are levelled against one Jayeshbhai Chauhan, and a separate complaint has already been filed against him. Furthermore, a co-accused having a similar role has already been granted bail. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable conditions.