ANANT S. DAVE, J. - (1.)This application under Section 438 of the Code of Criminal Procedure, 1973 (for short "the Code") is filed by the applicants for seeking anticipatory bail in the event of their arrest for non - bailable offence punishable under Sections 395, 365, 506, 294 (KH) of Indian Penal Code and Section 135(1) of Bombay Police Act.
(2.)As per the case of the complainant who is studying and also a friend of accused No.1, on 17.3.2011 called accused No.1 and Rakesh to settle the dispute amicably at Havmor Restaurant, Nr. Vastrapur Lake, Ahmedabad and accused No.1 was present along with two other unknown persons in his car and complainant was forcibly asked to sit in the car and the said car was driven and the complainant was beaten by all of them and golden chain and bracelet were snatched away and thereafter the complainant was kicked and beaten and dropped at a distant place.
2.1. In the above backdrop of the allegations the applicants preferred anticipatory bail application before learned Sessions Judge, Ahmedabad Rural on the ground that applicant No.1 is a Physiotherapist aged around 26 years, applicant Nos. 2 and 3 are studying and version of the complainant is false and allegations are concocted and based on no material. Neither the complainant was taken in a car nor was beaten by any one of them and no injury was found. It is further submitted that an exaggerated version is given by the complainant of snatching away golden chain and bracelet and no such incident had ever taken place. Besides, it was submitted that none of the applicants had any criminal antecedent and always ready to cooperate with the investigation and by imposing suitable conditions the applicants be granted anticipatory bail.

2.2. The above application for anticipatory bail was opposed by learned Pubic Prosecutor on the ground that the vehicle and golden chain as well as bracelet were to be recovered and other accused were also to be arrested.

2.3. The above application for anticipatory bail was pressed by placing reliance on the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. [(2011) 1 SCC 694] : (2011(1) GLR II)] along with other attending circumstances mentioned in the bail application.

(3.)Learned Sessions Judge, Ahmedabad Rural by an order dated 30