ORAL ORDER

1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11207061240089 of 2024 registered with Sahera Police Station, Panchmahal.

2. Facts of the case :-

2.1. In the year 2022, when complainant was in need of monetary requirement for medical treatment of his father, and he met petitioner who informed that he will help the informant for obtaining loan from the Gujarat State Co-operative Agricultural and Rural Development Bank and for which petitioner asked complainant to provide papers of agricultural land. The petitioner took amount of Rs.15,000/- from informant for doing paper work and thereafter, loan amount of Rs.2 lakh was sanctioned in favour of complainant. It is alleged the police approached the complainant with regard to no due certificate issued by Bank of Baroda and same was prepared by petitioner and submitted with loan papers which was not informed to complainant. It came to the knowledge of informant that petitioner has prepared forged and bogus no due certificate of Bank of Baroda and he has used the same as genuine for getting sanctioned the loan. It is alleged that petitioner had obtained loan for several victims on the basis of forged and fabricated no due certificate issued by Bank of Baroda. Thus, FIR is registered against the petitioner.

3. Learned advocate for the petitioner submits that the petitioner is innocent. It is submitted that the petitioner is not involved in making forged documents. It is further submitted that there is no iota of evidence which indicates that the petitioner has forged no due certificate of Bank of Baroda and presented as genuine before the Gujarat State Co-operative Agricultural and Rural Development Bank to facilitate loan for various persons. It is submitted that plight of the case is that person who has obtained loan from Gujarat State Co-operative Agricultural and Rural Development Bank are arraigned as witness in the present case and present petitioner against whom there is no evidence has been arraigned as accused. It is submitted that FIR if taken as it is, it does not constitute offence of forging the documents. It is submitted that the petitioner is teacher and he is also physically disable. He is living in Lunawada, Mahisagar and he is ready and willing to cooperate investigation. There is no flight-risk and therefore, the petitioner may be granted anticipatory bail.

4. On the other hand, learned APP would submit that present petitioner though professing as teacher is involved in the business of forging documents. This is not the first case that he has forged document. It is submitted that even in FIR being C.R.No.11207061231020 of 2023 registered with Sahera Police Station, Panchmahal, identical allegations are levelled against the petitioner, whereby, the petitioner dare enough to forge demand draft issued by Axis Bank and converted draft from Rs.1000/- to Rs.7,52,000/- and same was placed before the judicial proceedings. Not only that it was also deposited in the account of Bordi Dudh Utpadak Sahkari Mandali. It is submitted that in the present case, the petitioner has forged No due certificate of Bank of Baroda for 12 persons. He would further submit that statement of 12 witnesses are recorded and they have stated before the police under section 161 that present petitioner explained that he is making loan papers and helping in getting agricultural loan and in turn Rs.2 lakhs shall be disbursed from Gujarat State Co-operative Agricultural and Rural Development Bank. It is submitted that pursuant to such luring from the petitioner, innocent peasants have given some revenue papers to the petitioner and the petitioner thereafter, has forged No due certificate of Bank of Baroda from which all the witnesses have obtained loan and then it is presented them as genuine to avail loan of Rs.2 lakhs eac