IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6411 of 2025 ==========================================================

KAMLESH PRAVINBHAI MAHETA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR SANDEEP R LIMBANI(5977) for the Applicant(s) No. 1 MR H K PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 01/04/2025

ORAL ORDER

1. 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. 11199061250193 of 2025 registered with Ankleshwar City B Division Police Station, Bharuch, for the offences punishable under Sections 118(1), 127(7), 140(4), 308(5), 61(2)(a), 351(3) of BNS and Section

135 of GP Act.

2. Allegation made in the FIR is that, accused No. 1 Payalben Patel, has been working with the other accused since last three months. With regard to provide a land related file, the accused called the complainant at Hotel. The accused was accompanied by co-accused No. 2 Parth Thakkar, and present applicant, in a four-wheeler vehicle bearing Registration No.GJ-14- BD-6869. The accused and the complainant went to the hotel alone, after which accused No. 2 called the complainant to the hotel room where accused No. 2 made an assault on the head of the complainant, abducted the complainant, and forcibly placed him in the accused’s four-wheeler. The applicant sat in the car with the complainant, and the three accused then took the complainant near Nabipur where they took out Rs.27,000/- from the pocket of the complainant and got transferred Rs.13,500/- through Google Pay. They also threatened the complainant and forcibly obtained ATM card and four cheques total amounting to Rs.7,50,000/- with signatures of the complainant. In this regard, FIR camet to be filed.

3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. The applicant has no past antecedent. Whatever the allegation are against accused Nos.1 and 2, who are already enlarged on regular bail on 07.03.2025. Nothing is required to be recovered from the applicant. The only role attributed to the applicant is that, he was driving a car and he has not received any money, nor indulged in the alleged transaction. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

4 Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is very much involved in the offence and this is a novel case of honey trap. The applicant along with co-accused have hatched conspiracy and called the complainant in a hotel where the accused made an assault and by pointing knife, took out cash of Rs.27,000/- and another amount of Rs.13,500/- got transferred in different accounts of the applicant through Google Pay. The accused also forcibly took out four cheques of Kotak Mahindra Bank Ltd. With signatures of the complainant. The said amount is yet to be recovered from the applicant and he is out of reach. The applicant was driving a car and actively participated in the offence. The applicant is having past antecedent and proceedings under Section 138 of NI Act are also going on against the applicant and since inception, the applicant is evading his arrest. If he grants anticipatory bail, then possibility cannot be ruled out to tamper the evidence and hamper the witnesses. He therefore submits that, considering the role of the applicant and as the amount is yet to be recovered from the applicant, present application may not be entertained at this stage.

5. Having heard learned counsel for both s