SAIYED SADIK SAIYED AHMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.I-63 of 2017 before Shaherkotda Police Station for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 506(2), 120B, 114 of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned APP for the respondent State.

(3.) Having considered the rival contentions, it cannot be disputed that similarly situated co-accused has been admitted to bail in anticipation of their arrest. Earlier on 4.7.2017 anticipatory bail application (Criminal Misc. Application No. 16472 of 2017) was withdrawn, however, subsequent to that order, accused Raishalam Mohamad Hardik Shaikh (Criminal Misc. Application No. 17072 of 2017) and Valimohmed Mohmedhanif Memon (Criminal Misc. Application No. 23288 of 2017) by respective orders passed on 14.9.2017 and 13.10.2017 have been admitted to bail in anticipation of their arrest. The reason in both the above orders have been elaborately recorded. Therefore the mere ground that the petitioner failed in his application for quashing of the FIR, would not constitute a justifiable reason for denying anticipatory bail to the petitioner. Considering the nature of accusations against the petitioner and in absence of any apprehension of the petitioner tampering with the evidence or threating the witnesses; fleeing from justice at this stage, the case for admitting the petitioner to anticipatory bail is made out.