IMPORTANT POINT
Anticipatory bail can be granted where no case for custodial interrogation is made out.

JUDGMENT

J.C. Doshi, J.—Vide Office Note dated 14.12.2023, the Hon’ble the Chief Justice has been pleased to direct the Registry to place this matter before the Court taking up anticipatory bail. Hence, present petition is listed before this Court.

2. Rule. Learned advocate Mr. Shaan Munshaw waives service of notice of rule for the original complainant and learned APP waives service of notice of rule for the respondent State.

3. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11191045230794 registered with Sola High Court Police Station.

4. Brief facts of the case are as under:-

4.1 One Nidhish Pankajbhai Kansara, aged about 32 years, residing at 4/12/113 Neelkanth Mahadev Lane, Darbar Road, Visnagar, Dist. Mehsana has given a complaint that he is operating a medical store in the name of Shivam Chemist at Visnagar. Father of the complainant and Mr. Dahyalal Mafatlal Patel were partners and were doing business of Hariom Chemist at Visnagar for past twenty-seven (27) years. Because of such long relations, he was introduced to the petitioner herein by said Dahyalal Mafatlal Patel. Said Dahyalal Mafatlal Patel is father-in-law of the petitioner herein. The petitioner herein had offered the complainant and his brothers to shift to Ahmedabad. The complainant and his brothers Jay Kansara & Vijay Kansara shifted to Ahmedabad and started working with the petitioner herein. The complainant i.e. Nidhish Kansara and Payal Bhumishth Kansara (wife of the petitioner herein) had in partnership started a business of Shivam Chemist at Motera and Jay Kansara & Vijay Kansara had joined a job in the office of the petitioner herein. It is alleged in the FIR that the petitioner had misused the proofs viz. photo ID, etc. of said three brothers. In the year 2017, the petitioner started companies viz. (a) M/s. United Pharmachem in the name of Nidhish Kansara, (b) M/s. On-Bio Science in the name of Jay Kansara and (c) M/s . Metrix Lifecare in the name of Vijay Kansara. It is alleged that the said three firms were opened without knowledge of the said three brothers and without their knowledge, financial transactions were made in the said three firms, bank accounts were opened in Mehsana Urban Bank and ICICI Bank. cheque books were issued. Entire cheque book was signed by the complainant and his brother Vijay Kansara and the cheque book was kept with the petitioner herein. As a matter of fact, the said allegations are completely false and bogus. Hence, impugned FIR is filed and against that, present petition for anticipatory bail is preferred by the petitioner.

5. Heard Learned Senior Counsel Mr. SI Nanavati with learned advocate Mr. DK Trivedi for the petitioner, Learned Senior Counsel Mr. IH Syed with learned advocate Mr. Shaan Munshaw for the complainant and learned APP Mr. HK Patel.

5.1 Learned Senior Counsel Mr. SI Nanavati would submit that the FIR is delayed by five years. The alleged incident took place in the year 2017, but the FIR came to be lodged in 2023. He would further submit that the present FIR is a counter blast to the FIR lodged by the petitioner on 16.3.2020 at Annexure D. He would further submit that on going through the FIR, it is alleged that the petitioner and his father have misused various documents belonging to the first informant and created paper, medical company or medical firm and also used those documents to open the bank account in the Mehsana Urban Bank as well as in the ICICI bank and also obtained chequebook in name of the first informant. He would further submit that as per the case of the prosecution, the first informant was taken into trust and then the accused has obtained signature on blank papers as well as blank cheque leafs He would further submit that according to the prosecution, all these aspects took place in the year 2017, but the FIR