RAJUBHAI MERUBHAI SOHLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for releasing the applicants on anticipatory bail in connection with FIR being C.R.No.I-36 of 2019 registered with Neelambag Police Station, Bhavnagar.

(2.) Heard learned advocate Mr.Girish Das for the applicants, learned Additional Public Prosecutor Mr.Shah for the respondent-State and learned advocate Mr.Maulin Raval assisted by learned advocate Mr.Pritesh Parikh for the original complainant.

(3.) Learned advocate Mr.Das appearing for the applicants has mainly contended that the applicants are falsely implicated in the FIR in question. It is submitted that Section 395 of the Indian Penal Code is wrongly applied and in fact, no such incident has occurred. Learned advocate has referred to the averments made in paragraph 6 of the application and submitted that the original complainant has lost the battle in civil litigations throughout and therefore with a view to pressurize the present applicants and others, now this FIR is filed against them. Learned advocate has referred to the details of civil litigations which is given in paragraph 6 of the application.