ABHISHEK SATINDER MOHAN GUPTA 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 BNSS/ 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.I-11206033240291 of 2024 registered with Unjha Police Station, Mahesana for the offences punishable under Ss. 406 , 407 , 409 , 420 and 120(B) of the Indian Penal Code, 1860.

(3.) Learned advocate for the applicant has submitted that the applicant has been falsely implicated in the offence and has no connection with the alleged crime. It is submitted that the applicant is not named in the FIR. Earlier, three FIRs were registered on the basis of similar allegations, which are also being challenged in the present application. The applicant has longstanding business transactions with Accused No.1-Company, and the money trail arises from such transactions. It is further submitted that the applicant received an amount of Rs.6.29 lakh from the accused, which led to his arrest. However, the said amount has already been deposited by the applicant, keeping all his rights and contentions open in relation to the allegations made in the complaint. It is also submitted that nothing remains to be recovered or discovered from the applicant. Additionally, the applicant is suffering from a life-threatening, incurable disease -- Amyotrophic Lateral Sclerosis (ALS). Pursuant to the order passed by this Hon'ble Court, the applicant has joined the investigation and has provided all necessary documents and materials required for the same. 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.