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2025 Supreme(GUJ) 47

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BHAGWANJIBHAI RAYDHANBHAI KHANDEKHA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR RATHIN P RAVAL(5013) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.

1. By way of the present application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant seeks anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11189006241138 of 20224 registered with Tankara Police Station, Morbi, for the offences punishable under Sections 108, 308, 351(3) of BNS and Sections 40 and 42 of Gujarat Money Lenders Act.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and complaint has been lodged with an ulterior motive. Though the deceased was to sell the land to the applicant for consideration of Rs.23,23,000/- and out of the same, the applicant had already paid Rs.10 lacs by way of cheque to the deceased and remaining amount was required to be paid within 11 months from June, 2024. Hence, story stated in the complaint itself is far from truth. There was no instigation on part of the applicant. Alleged transaction took place in June, 2024 and alleged incident took place in December, 2024. The deceased had borrowed mon

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