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2025 Supreme(Online)(GUJ) 1433

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ALPESHBHAI GOPALBHAI DONGA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR VIRAT G POPAT(3710) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORAL ORDER

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

[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11213042250008 of 2025 registered with Paddhari Police Station, Rajkot, for the offences punishable under Sections 467, 384, 420, 506(2) and 114 of the Indian Penal Code, 1860 and Sections 40 and 42 of the Money Lenders Act.

[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. Allegation against the applicant is that, the applicant has purportedly advanced a sum of Rs.35,10,000/- to the complainant at the rate of 1.25 % and as a security for the same, the complainant mortgaged his immovable property bearing Revenue Survey Nos.800, 804, 805 and 810. However, instead of executing a mortgage deed, the applicant allegedly transferred the property in question to co-accused Nos.2 and 3 at a price lower than the market rate. Further it is alleged that the applicant had exerted undue pres

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