HEMAL MANUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed 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 being I-CR No.37 of 2019 before Pethapur Police Station, Gandhinagar for offence under Sections 406, 409, 420, 114, 120B, 465, 467, 468 and 471 of the Indian Penal Code.

(2.) Learned advocate appearing on behalf of the applicants submitted that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. It is submitted that the applicant is not named in the FIR and even if the name of the applicant has emerged during the course of investigation, there is no evidence connecting the applicant to the offence. It is submitted that the FIR is delayed as the cause of action for filing the complaint, even as per the narration in the complaint, has arisen in the year 2011 whereas the FIR is registered in the year 2019.

(3.) On the other hand, the learned Public Prosecutor appearing for the respondent-State has opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence. Learned APP drew attention of this Court to the fact that the applicant is the person who has received monetary benefit to the tune of Rs.60 crores and the cash collected and vouchers issued are by the applicant himself. The co-accused who have been granted antecedents bail were also part of the project, but had never received any financial benefit and it is only the applicant who has received monetary benefit out of the offence.