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2025 Supreme(GUJ) 750

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
NARANBHAI RAMABHAI CHUDASMA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR YASH N NANAVATY(5626) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

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

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973/under Section 482 of the BNSS, 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.11186009230376 /2023 registered with Veraval, Police Station : Gir-Somnath for the offences punishable under Sections 306, 506(2) and 114 of the IPC.

2. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. It is submitted that the complaint was filed belatedly, three days after the incident. The allegations against the present applicant are baseless, even if accepted as true. Despite this, based on the suicide note, the present applicant was arrested. It is stated that the present applicant owed an amount of ₹90 lakhs to the deceased, borrowed approximately one year prior, and despite repeated demands, this amount remained unpaid. Beyond this, no other allegations have been made. There are no elements of mens rea or instigation attributable to the present applicant.

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