IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT: SURAT
CRIMINAL MISCELLANEOUS APPLICATION NO.________ OF
2024
(1st ANTICIPATORY BAIL APPLICATION)
Mr. Dhiraj Shivprakashbhai Malu
Age: 49 years, Male, Occupation: Business
Residing at- 101, Ashirvad Park, City Light Road,
Athva, Surat. … Applicant
(Original Accused No-
2)
Versus
1. The State of Gujarat
[Notice to be served through the learned
Public Prosecutor, Gujarat High Court At
Ahmedabad] … Respondent
AN APPLICATION FOR ANTICIPATORY BAIL U/S 482 OF
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023.
To,
The Hon’ble Chief Justice &
Other Hon’ble Judges of the High Court
of Gujarat at Ahmedabad.
The humble petition of the
Applicants above named:
MOST RESPECTFULLY SHEWETH THAT:
1. The applicant is a national and law abiding citizen of India
and is entitled to all the fundamental rights enshrined under
Part-III of the Constitution of India.
2. The applicant is apprehending his arrest in connection with
the offence registered as F.I.R. dated 15/10/2024
bearing CR. No. 11210005241162 of 2024 registered
with the Athwagate Police Station, Surat City for the
offences punishable under sections 420, 465, 467, 468 471
and 34 of the Indian Penal Code, 1860.
A copy of the F.I.R. is annexed herewith and marked as
Annexure- ‘A’.
3. Brief Facts
3.1 That the impugned F.I.R. has been lodged by one Mr.
Amarjeetsingh Chanansingh Chane (hereinafter referred
as ‘complainant’) on 15/10/2024 for the offence alleged to
have committed between 01/04/2016 to 24/10/2023
against the following 5 accused persons-
1. Mr. Manmandirsingh Amarjeetsingh Chane
2. Mr. Dhiraj Prakashbhai Malu (Present Petitioner)
3. Mr. Dineshbhai Mithabhai Kumar
4. Dube Gayaprasad @ Gayaram Bisal Prasad
5. Khalasi Sureshbhai Manilal
3.2 That it is has been narrated by the complainant that in the
year 2014, he has purchased a flat bearing flat no. 4/B
through a registered sale deed dated 13/09/2014 and the
same was registered with the office of the Sub-Registrar,
Athwa Zone bearing registration no. 15568/2014 and
since then he was the owner and peaceful occupant of the
said flat.
3.3 He would further narrate that the accused no. 1 namely
Mr. Manmandirsingh Amarjeetsingh Chane is his eldest
son who died on 25/09/2023 and after his demise the
complainant came to know that the said accused no. 1
somehow secure the custody of the original sale deed of
the aforementioned flat and without the consent and
knowledge of the complainant and other family members
and by forging their signatures, executed mortgage deed
of the said flat with a total of 3 banks namely PNB Housing
Finance, Chola Mandalam Investment And Finance Co. Ltd
and HDFC Bank and obtain loans from the said banks and
also realised that for the said purpose bogus documents
were produced before the office of the Sub-Registrar and
banks. Hence, the F.I.R.
3.4 That the allegation against the present applicant in the
F.I.R. is that he stood as a witness before the Sub-
Registrar Office during the registration of the Mortgage
Deed.
4. That the applicant apprehending his arrest in the alleged
offence, preferred an anticipatory bail application vide
CR.M.A. No. 7788 of 2024 before the Court of the Ld. 4th
Addl. Sessions Judge, Surat, however, the Ld. Court rejected
the said application of the present applicant vide order dated
23/10/2024.
A copy of the memo of the anticipatory bail application
preferred vide CR.M.A. No. 7788 of 2024 along with the order
passed therein is annexed herewith and marked as
Annexure- ‘B-Colly’.
5. That the present applicant is innocent and has not
committed any offence, therefore, the present applicant
being aggrieved and dissatisfied by the action of the police
falsely arraying him as an accused and also with the
rejection of his anticipatory bail application by the Ld.
Sessions Court, Surat, prefers the present application on the
following amongst the other grounds:
GROUNDS
(A) The applicant is innocent and has not committed any
offence but has been falsely implicated in the alleged
offence.
(B) It is submitted that the F.I.R is false and vexatious,
and is filed in gross abuse of process of criminal law
against the present applicant.
(C) That, the applicant has not forged any documents
hence, this Hon’ble Court may kindly consider the
same while granting him on anticipatory bail.
(D) That, the applicant is nor the beneficiary of the said
property and he has not received any money nor any
transections with the co-accused hence, this Hon’ble
Court may kindly consider the same while granting
him on anticipatory bail.
(E) That, the offence under section 467 of the IPC is tried
by Sessions Court for offence with 10 year
punishment and looking at the number of pending
cases before the Ld. Sessions Court, the present case
may take a long time to be decided and therefore, to
unburden the Ld. Court, the present applicant may be
enlarged on anticipatory bail.
(F) That, the offence is of a civil nature and a commercial
transaction has been given a criminal colour to falsely
and wrongly prosecute the present applicant.
(G) That the prima facie reading of the entire allegation
does not make out an offence of cheating as provided
under section 420 of the Indian Penal Code, 1860 as
the essential ingredients to constitute the same are
missing and therefore, the applicant is required to be
enlarged on anticipatory bail.
(H) That the applicant submits that he has been made
accused in the alleged offence merely on suspicion,
presumptions and assumptions. That mere suspicion
cannot be made a ground to made the applicant as an
accused and restrained his liberty.
(I) That there has been a unreasonable delay of ____
years in registering the impugned F.I.R. Further, the
said delay has not been explained by the complainant
which raises grave suspicion over the genuineness of
the impugned F.I.R.
(J) That there is no legal material on record to proceed
against the present applicant and as such the offence
as alleged in the F.I.R. is not prima facie made out
against the present applicant.
(K) The first thing emerges from the impugned F.I.R. is
that even if the entire case of the prosecution is
accepted as true, there is no material worth the name
to connect the applicant herein with the alleged
offence.
(L) That the applicant is implicated in the present offence
only on the basis of suspicion and by keeping weak
vengeance and grudges.
(M) The applicant submits that he and his family are
residents of Surat. Moreover, the applicant does not
have antecedents of any nature to his name.
(N) The applicant undertakes to abide by the terms and
conditions that may be imposed by this Hon’ble Court.
(O) The applicant further submits that, he be granted
anticipatory bail in light of the observations made by the
Hon’ble Supreme Court in the recent case of Bhadresh
Bipinbhai Sheth reported in 2015 AIR(SC) 3090, wherein
Hon’ble Apex Court considering the observation in the
case of Siddharam Satlingappa Mhetre: 2011 1 SCC 694,
reproduced following observation in Para 23 for the
purpose of deciding Anticipatory Bail Application:
“23:
(x) We shall also reproduce para 112 of the judgment
wherein the Court delineated the following factors and
parameters that need to be taken into consideration
while dealing with anticipatory bail:
(a) The nature and gravity of the accusation and the
exact role of the accused must be properly
comprehended before arrest is made;
(b) The antecedents of the applicant including the fact as
to whether the accused has previously undergone
imprisonment on conviction by a court in respect of any
cognizable offence;
(c) The possibility of the applicant to flee from justice;
(d) The possibility of the accused's likelihood to repeat
similar or other offences;
(e) Where the accusations have been made only with the
object of injuring or humiliating the applicant by arresting
him or her;
(f) Impact of grant of anticipatory bail particularly in cases
of large magnitude affecting a very large number of
people;
(g) The courts must evaluate the entire available material
against the accused very carefully. The court must also
clearly comprehend the exact role of the accused in the
case. The cases in which the accused is implicated with
the help of Sections 34 and 149 of the Penal Code, 1860
the court should consider with even greater care and
caution, because over implication in the cases is a matter
of common knowledge and concern;
(h) While considering the prayer for grant of anticipatory
bail, a balance has to be struck between two factors,
namely, no prejudice should be caused to free, fair and
full investigation, and there should be prevention of
harassment, humiliation and unjustified detention of the
accused;
(i) The Court should consider reasonable apprehension of
tampering of the witness or apprehension of threat to the
complainant;
(j) Frivolity in prosecution should always be considered
and it is only the element of genuineness that shall have
to be considered in the matter of grant of bail and in the
event of there being some doubt as to the genuineness of
the prosecution, in the normal course of events, the
accused in entitled to an order of bail.”
(P) Even otherwise also, in larger interest of justice, the
applicant is required to be granted Anticipatory bail;
6. The applicant submits that the present application is the
first anticipatory bail application that he has preferred
before this Hon’ble Court and further submits that he has
not filed any other petition either in this Hon’ble Court or in
the Hon’ble Supreme Court of India or in any other Court
with regard to the subject matter of this petition.
7. The applicant craves leave to add, amend, alter, delete, or
rescind any of the aforesaid paras as and when necessary,
in the interest of justice.
8. The applicant, therefore, humbly prays before this Hon’ble
Court:
PRAYER
A. This Hon’ble Court may be pleased to direct the
Investigating Officer to release the applicant on bail in
the event of his arrest in connection with the F.I.R. dated
15/10/2024 registered as CR. No.
11210005241162 of 2024 registered with the
Athwagate Police Station, Surat City at Annexure- ‘A’;
B. Pending hearing, admission and final disposal of the
application, this Hon’ble Court may kindly be pleased to
direct the Investigating Officer not to arrest the applicant
in connection with the impugned F.I.R. dated
15/010/2024 registered as CR. No.
11210005241162 of 2024 registered with Athwagate
the Police Station, Surat City at Annexure- ‘A’;
C. This Hon’ble Court, be pleased to grant such other and
further relief/s, as are deemed fit, in the interest of
justice.
“AND FOR THIS ACT OF KINDNESS AND JUSTICE THE
APPLICANT SHALL AS IN DUTY BOUND SHALL FOREVER
PRAY.”
Place: Ahmedabad
Date: / /2024 __________________
Dipesh D. Soni
(Advocates for the Applicant)
AFFIDAVIT
I, Mr. Dhiraj Shivprakashbhai Malu, Age: 49 years, male,
residing at the address mentioned in the cause title of the
present application, the applicant herein, do hereby solemnly
affirm and state on oath as under:
I have been read over and explained the contents of the
petition. I am fully conversant with the facts of the present
case and hence competent to depose on oath that what is
stated in paragraph Nos. 1 to __ are true to the best of my
knowledge, information and belief and I believe the same to be
true and correct and Paragraph No. 5 are legal grounds and
Paragraph No. 8 is a prayer clause.
Solemnly affirmed at ______________ on this ___ day October,
2024.
___________
DEPONENT
Explained and interpreted in Hindi
to the Deponent by me
and identified by me.
____________
(Advocate)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT: SURAT
CRIMINAL MISC. APPLICATION NO._______ OF 2024
Mr. Dhiraj Shivprakashbhai Malu … Applicant
Vs.
The State of Gujarat … Respondent
SYNOPSIS
1 CR. No. 11210005241162 of
2024
2 Police Station Athwalines Police Station,
Surat City.
3 Sections U/s 420, 465, 467, 468,
471 and 34 of the Indian
Penal Code, 1860.
4 Date of offence 01/04/2016 to 24/10/2023
5 F.I.R. lodged on 15/10/2024
6 Anticipatory Bail CR.M.A. No. 7788 of 2024
before the Ld. Rejected by Order dated
Sessions Court 23/10/2024.
7 Previous Bail None.
Applications before
this Hon’ble Court.
8 Number of 1st Anticipatory Bail
Anticipatory Bail application before this
Application before
this Hon’ble Court Hon’ble Court.
1st ANTICIPATORY BAIL APPLICATION
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT: SURAT
CRIMINAL MISC. APPLICATION NO._________ OF 2024
Mr. Dhiraj Shivprakashbhai Malu … Applicant
Vs.
The State of Gujarat … Respondent
INDEX
Annexure Particulars Pag
e
s
No.
- Memo of Application.
‘A’ The copy of the F.I.R. being CR. No.
11210005241162 of 2024 dated
15/10/2024 registered with the
Athwalines Police Station, Surat City.
‘B-Colly’ A copy of the memo of the
anticipatory bail application preferred
vide CR.M.A. No. 7788 of 2024 along
with the order dated 23/10/2024
passed therein by Court of the Ld. 4th
Additional Sessions Judge, Surat.
