ORDER : Gita Gopi, J. 1. Heard learned Advocate Mr. Darsh P.Desai on behalf of Advocate Mr. Rajesh B.Desai on behalf of the complainant and Mr. Hardik Mehta, learned APP for the respondent State. 2. On submission of learned advocate Ms. Sona Sagar for the applicant, the matter was placed today on top of the Board. However, when the matter was called out, learned advocate failed to appear. 3. Mr. Hardik Mehta, learned APP, has placed on record report of the police sub-inspector, Sector-7 Police Station, Gandhinagar. The report is supported by the statement and documents. 4. The prayer is made in the present application for anticipatory bail under section 438 of the Code of Criminal procedure by the applicant, who states himself to be a journalist and editor of daily newspaper at Dahod, and claims of running N.G.O. at Dahod. The applicant has also projected himself to be a person, who had worked with District Legal Aid Authorities and district judges at Dahod for imparting free legal aid to the needy, and has also placed on record the certificate and photographs. 4.1 It is the say of the applicant that on two occasions, he had been kidnapped and assaulted by the complainant, and in collusion with the police authorities he had been mentally tortured on 26.02.2024, and Rs.10,000/- cash has been snatched by the police at Gandhinagar. The applicant has also stated in the application that on 19.03.2024 at Dahod Godhara Highway, near Hotel Royal, the applicant’s vehicle was stopped by the police and he was forcibly pulled out of vehicle, and a search was carried out without search warrant, and Rs.20,000/- cash from the pocket of the applicant and his mobile were forcefully taken by the police. 4.2 The applicant states that he had approached this High Court in past by filing Special Criminal Application No.3308 of 2024 for police protection and Special Criminal Application No.5537 of 2024 for lodging FIR, wherein the orders dated 12.03.2024 and 08.05.2024 have been passed in the respective matters. 4.2 The applicant states that he had approached this High Court in past by filing Special Criminal Application No.3308 of 2024 for police protection and Special Criminal Application No.5537 of 2024 for lodging FIR, wherein the orders dated 12.03.2024 and 08.05.2024 have been passed in the respective matters. 4.3 The applicant also states that he has already filed complaint at Dahod Police Station against the complainant, but was not registered as F.I.R. The applicant states that pursuant to filing of the petitions, the complainant has lodged an FIR at Sector-7 Police Station against the applicant as a counterblast under sections 406, 420, 465, 467, 468, 471 and 120B of I.P.C. 4.4 The applicant states that he had approached the Sessions Court for anticipatory bail by filing Criminal Misc. Application No.872 of 2024, which came to be rejected. Stating that the applicant’s complaint to the police authorities have been ignored, the applicant has also sought to rely upon the newspaper cuttings to allege the illegal and malicious action of police authorities. 4.5 The applicant has raised the ground that the order of the learned Sessions Judge is without application of mind and is passed only believing the version of the police. The ground has also been raised stating that basic requirement of granting anticipatory bail has not been appreciated, and he is a local respectable citizen of the society aged about 60 years and is a retired teacher by profession. Further, the ground has been raised that learned Additional Sessions Judge, Gandhinagar has failed to appreciate that the applicant has been complaining to police against the complainant Haresh Tank and Dhaval Upadhyay, but police in collusion has not lodged FIR against them, and from the period 26.02.2024 to 27.05.2024 almost about three months, no action has been taken by the police. 4.6 The applicant has also sought to raise a ground that learned Additional Sessions Judge has failed to appreciate that the applicant is running a daily newspaper and NGO, and is in constant need of funds for which he had to borrow from different sources during and after the Carona, and when the blank cheques given against the borrowing were deposited by the complainant without instruction of the applicant, came to be bounced, is not the fault of the applicant. The applicant states that whatever case under section 138 of the Negotiable Instrument Act have been filed against him, were already stayed by the respective Sessions Courts. The applicant has also inter alia stated the ground that sections 468 and 471 lodged by the police are not applicable in the present case. The applicant, in the ground, relying upon the judgment of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565 , has prayed for anticipatory bail. 5. The FIR has been lodged against the applicant on 27.05.2024 by the complainant, who himself claims to be a journalist and editor of daily newspaper. As per the complainant, he is working as a Gujarat Head in print media and electronic media, and a journalist for Sahara T.V. and ‘Aaj Ki Khabar’. His wife is also a journalist in Sahara T.V. He has two children; the elder son Jenil is aged about 19 years. 5.1 According to the complainant, his friend Ranjitsinh in the month of May 2023, had introduced him to the accused at old Sachivalya, Gandhinagar, who stated that he is resident of Dahod and a retired teacher, and since both were connected with the press media, the accused had informed him that he is having good relation with many higher officers, who showed him the recruitment advertisement for total 75 posts of Class-3 and 4 in ‘Udyog Nigam Akam (PVVS) grantin- aid (GOI) Nigam’, and had informed him that it was a government job in State of Gujarat, and with the amount of Rs.20,000,00/- he could get the setting done with the higher officers, and asked the complainant to refer to him, if he has any of his nearest person. The complaint, thus, had informed about his son Jenil, but since his younger son yet had not completed 18 years, the accused had asked about the age limit of the wife of the complainant, and thereafter had asked him to fill the form online for his son Jenil and wife Dharmistha and asked him to give one hard copy. 5.2 As per the complainant, for the job of his son as a junior clerk in Udyog Nigam Seva, Class-3, Rs.20,00,000/- and for his wife as a Class-3 Social Worker, Rs.2,00,000/-, were decided. 5.2 As per the complainant, for the job of his son as a junior clerk in Udyog Nigam Seva, Class-3, Rs.20,00,000/- and for his wife as a Class-3 Social Worker, Rs.2,00,000/-, were decided. It is the say of the complainant that the accused had informed him that only for the sake of giving exam they have to appear, while rest of the setting would be done by him, and, therefore the son and wife of the complainant had filled the online form. 5.3 The complainant stated that thereafter he had informed his friend Alpeshgiri Goswami, who also had filled form online for his nephew Bharatgiri Ramangiri Goswami and Sunilgiri Bishnugiri Goswami and his acquaintant Ravibhai Dayabhai Rathvi, and hard copies of all the forms were given to accused and also sent by email. 5.4 As per the complainant, on behalf of Ravibhai Dayabhai Rathvi and Bharatgiri Ramangiri Goswami, Rs.10,00,000/- has been given by Alpeshgiri Goswami and Rs.20,00,000/- by the complainant; in all Rs.30,00,000/- had been given to the accused as advance, and rest of the payment was to be made after receiving the order. 5.5 The complainant states that after about 15 days, the accused sent an email, which referred about the written exam scheduled on 09.06.2023 at about 1.00 O’ clock in the noon at Shri Saraswati High School, Balasinor and in the Staff Training College at Sector-17, Gandhinagar on 10.06.2023. Therefore, the complainant made inquiry through the mobile phone with the accused, and he had conveyed that they would have to give exam at the nearest centre, therefore, his wife and his son had given the exam on 10.06.2023 between 1.00 p.m. to 3.00 p.m. in afternoon at Staff Training College, Sector-17, Gandhinagar, where referred other persons had also appeared for the exam. 5.6 As per the complainant, after completion of the exam, he and Alpeshgiri Goswami were called by the accused at old Sachivalaya, Gandhinagar, where in the parking area the accused was sitting in an Innova Car bearing registration no.GJ-20-AH-2307, and they were asked to sit in the car by switching off the phones. 5.6 As per the complainant, after completion of the exam, he and Alpeshgiri Goswami were called by the accused at old Sachivalaya, Gandhinagar, where in the parking area the accused was sitting in an Innova Car bearing registration no.GJ-20-AH-2307, and they were asked to sit in the car by switching off the phones. According to the complainant, one other persons was also sitting in the car with the accused, and he introduced him as one I.A.S. Gupta Saheb, who had informed them to make the arrangement as per the instruction of accused Vinod Patel, and assured them that in case there is some defect or they could not get the job, then the money would be returned back. 5.7 As per the complainant, after 20 days, the exam results were sent to them by email in mobile, and in December, 2023, accused had asked them to come at old Sachivalaya for appointment orders. Therefore, complainant and Alpeshgiri Goswami had gone, where accused had shown the appointment orders of Dharmisthaben, Ravibhai Dayabhai Rathvi and Bharatgiri Ramangiri Goswami and had asked for the rest of the payment. 5.8 According to the complainant, he transferred Rs.20,000,00/-, Ravibhai Dayabhai Rathvi Rs.5,00,000/- and Bharatgiri Ramangiri Goswami Rs.5,00,000/-, and in total Rs.30,00,000/-, were paid to the accused. Out of that, complainant had transferred Rs.1,25,000/- to driver of accused Govindbhai Marwadi through Google Pay from his HDFC Bank Account and Rs.2,00,000/- he has sent by P.M. Angadiya to Govindbhai Marwadi at Karelibeg, and the rest of the amount was paid in cash. The complainant states that at that time accused Vinodbhai had informed him that the orders would come by post at their address and had given a copy of the orders and had also shown a photo of R.P.A.D. slip. 5.9 The complainant states that even after 10 days, they had not received any order by post and had often called accused Vinodbhai Patel on two mobile nos.8320110456 and 9737331477 and had demanded the orders, but was giving false assurance, thus, that created suspicion, and therefore, they demanded back Rs.60,000,00/-. The accused, thus, answered that after arranging meeting with Gupta Saheb, he would return back the money. The accused, thus, answered that after arranging meeting with Gupta Saheb, he would return back the money. 5.10 The complainant further stated that the accused had threatened them that if they often demand the money, they would not even receive the money nor the job, but would get them fit into false case, and further threatened that at the most he would suffer two months imprisonment, and police would not do anything, and rather they would have to face High Court proceedings. On the premise, he had given the complaint. 5.11 The complainant further states that accused Vinod Patel and a person identified as I.A.S. Gupta Saheb in criminal conspiracy had given a false advertisement in ‘Jansatta’ Newspaper, Vadodara in Varuch-Arthkaran addition, in the name of ‘Udyog Nigam Akam (PVVS) grant-inaid (GOI) Nigam’, though it was not in existence, and had got the forms online submitted through email I.D. of gun.gujarat.gov.in@gmail.com. The complaintant also stated that the accused had given the orders for the recruitment process, and though was knowing that the appointment orders are forged, had used it as true and had committed fraud and criminal misappropriation by cheating them to the amount of Rs.60,00,000/- 6. Learned APP has referred to the report of the police and has given the details about fraud played by the applicant. The report is supported by the statements of the witnesses. The copy of advertisement in ‘Varuch-Arthkaran’ dated 04.05.2023, Thursday, which is an edition of ‘Loksatta Jansatta’, Vadodara, has been placed on record to demonstrate how the applicant had created false details by recruitment advertisement. The communication by the publisher of Loksatta-Jansatta dated 22.06.2024 to police sub-inspector, Sector-7, Gandhinagar, shows that the advertisement was given by the present applicant to get it printed, and the advertisement material were sent to them through his mobile phone to the employee Rakesh Desai of the advertisement department, and Rakesh Desai through his email address had sent it to Loksatta-Jansatta email address on 03.05.2024. The advertisement bill invoice is also in the name of the present applicant. 6.1 The verification from the Google LLC was done by the police regarding the mail I.D. details, which connects to the mobile phone No. +919737331477 with Google Account I.D. in the name of ‘Udyog Nigam Akam (PVVS) grant-in-aid (GOI) Nigam’ Gandhinagar. The name was ‘Udyog Nigam Gujarat Rajya Gandhinagar’ with given name ‘Udyog Nigam’ and Family Name: Gujarat Rajya Gandhinagar. 6.1 The verification from the Google LLC was done by the police regarding the mail I.D. details, which connects to the mobile phone No. +919737331477 with Google Account I.D. in the name of ‘Udyog Nigam Akam (PVVS) grant-in-aid (GOI) Nigam’ Gandhinagar. The name was ‘Udyog Nigam Gujarat Rajya Gandhinagar’ with given name ‘Udyog Nigam’ and Family Name: Gujarat Rajya Gandhinagar. The statement of ‘Pressmen Vividlalaxi Vikas Sangthan’ dated 14.07.2023, receipt of payment of fees for the hall for date 10.06.2023 between 1.00 p.m. to 3.00 p.m. in Sector-17 Staff Training College, shows that the hall was booked by the present applicant and also for the date of 17.07.2023 between 12.00 to 3.00 p.m. 6.2 The report of the police supported by necessary documents from Google to authenticate the I.D. as well as from the Deputy Executive Engineering shows that the halls were booked by the present applicant for conducting the exams. The Google verification regarding the email address of gun.gujarat.gov.in@gmail.com has also been made by the police. The copy of forged office orders in the name of R.C.Gupta, Joint Director, G-23, U/N Gandhinagar dated 10.11.2023, in the name of alleged persons have been produced by the police to support the contention of the complainant. 6.3 The complainant has objected to the anticipatory bail application by filing his objection and has also filed documents, which were forged by the present applicant. 7. The complaint was registered at Sector- 7, Gandhinagar in the form of FIR dated 27.05.2024, has been investigated by the police and the documentary evidence shows that the applicant has forged the same under the name of ‘Udyog Nigam Akam (PVVS) grant-in-aid (GOI) Nigam’, and has given false and misleading advertisement for the placement of 75 persons for class-3 and class-4. The advertisement came to be published in Loksatta-Jansatta. The payment is made by the applicant for the advertisement bill. The copy of the forged documents in the form of office orders, the payment made for the rent of the halls where the applicant had scheduled examination, are produced to show the prima facie case against the applicant, which supports the complaint. 8. The alleged act of the applicant as complained is supported by the documentary evidence. The copy of the forged documents in the form of office orders, the payment made for the rent of the halls where the applicant had scheduled examination, are produced to show the prima facie case against the applicant, which supports the complaint. 8. The alleged act of the applicant as complained is supported by the documentary evidence. This Court does not find any case to grant him anticipatory bail, since the police would require his custodial interrogation, which would be necessary, further it has also come to the notice of this Court that another FIR has also been filed against the present applicant, and other co-accused are also to be arrested to interrogate to find out larger conspiracy. As alleged certain amounts have been paid by the complainant and other persons, who have named in the FIR. The police as urged requires the custodial interrogation of the applicant. 9. In view of the above observations, this Court does not find any reason to entertain this application, hence, the same stands rejected.