1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R.No.I–196 of 2018 registered with Vastrapur Police Station, District Ahmedabad City, for the offence punishable under Sections 285, 308, 201 and 114 of the Indian Penal Code (‘IPC’ for short).

2. Heard Mr.S.V. Raju, learned Senior Advocate assisted by Mr.Dharamveersinh J. Solanki, learned advocate for the applicant, Mr.I.H. Syed, learned counsel, assisted by Mr.Prithu Parimal, learned advocate for the original first informant and Mr.J.K. Shah, learned Additional Public Prosecutor, for the respondent State.

3. It is mainly alleged in the FIR that there are total five towers in Shreeji Towers and Tower ‘A’ and Tower ‘B’ are attached with each other and below the said two towers, there are commercial shops and Towers ‘C’, ‘D’ and ‘E’ are 10 storeyed towers each and there are only residential flats in these three towers. It is alleged that on the ground floor of ‘A’ Tower, there are two shops viz. Hemant tyres of the ownership of the applicant herein and as per the register of the society, original accused Nos.4, 5 and 6 are the owners of the said shops. It is alleged that in the said shops, the applicant herein is doing business of tyres, tubes etc. It is further alleged that the basement of the said tower, which was being used by the society as club house cum store, the owners of the said shops have illegally got the said basement and have illegally obstructed the main entrance of Shreeji Towers by constructing a wall and have stored a large quantity of tyres in the basement of the said Tower. It is also alleged that the gates for ingress and egress to the society has been obstructed by storing huge quantity of tyres, tubes etc. It is thus alleged that the applicant herein and other accused persons in order to torture the residents of the society are keeping/storing such a large quantity of tyres, tubes etc., which was always objected to by the residents of the society and there is a longlasting dispute for which several notices were also issued to the accused persons.

3.1 It is further alleged that on 17.09.2018, when the complainant was present at his home, at around 1.30 p.m., a massive fire took place at the basement of the ‘A’ Tower of Shreeji Towers. It is alleged that the occupiers of the said shops without informing the fire safety workers fled away from the place of fire. It is further alleged that almost around 200 residents got stuck in the said fire and all those residents were having serious breathing problem. It is further alleged that thereafter the residents of Shreeji Towers informed the Fire Safety Department and residents were taken out from their respective flats with great efforts and difficulties. It is also alleged that belongings of the residents of the said tower also got damaged and thus, a huge loss was caused to the residents of the Towers ‘A’ and ’B’. It is further alleged that the fire safety workers extinguished the fire with great difficulties as the occupiers of the said shops have not kept any way for going in the basement from where the fire got started. It is further alleged that the occupiers of the said shops have removed the gas cylinders and other explosives substances from the basement and have destroyed the evidence. It is further alleged that resident of Flat no.702 got burn injuries under his feet, for which, he had to take treatment in hospital for seven days. It is further alleged that Officers of the Insurance Company visited the place of fire which creates suspicion that the applicant herein and other accused persons have created the said fire intentionally with a view to get claim from the Insurance Company. It is under these circumstances that the FIR in question has been registered against the applicant and others.

4. It is submitted by the learned Senior Advocate for the applicant that the a