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2025 Supreme(GUJ) 549

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
LAXMINARAYAN HIMMATRAMJI VAISHNAV – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR MATAFER R PANDE(3952) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

1. RULE. Learned APP waives service of rule for the respondent-State.

2. By way of the present application under Section 482 of the of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) /438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No. 11210005250077/2025 registered with Athwalines Police Station, Surat, for the offences punishable under Sections 316(5) and 318 of the BNS.

3. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. The complaint is filed belatedly. The dispute is commercial in nature and the alleged transactions, which took place in the year 2021. Though once complaint is filed. As per the allegations made in the complaint, the applicant has purchased the goods and amount has not been fully paid, therefore, for recovery of the same the present complaint is filed. There is no iota of evidence qua cheating and criminal breach of trust. Now nothing remains to be recovered or discovered from the present applicant and therefore, custodial int

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