GIRISH VALECHA Vs. STATE

JUDGEMENT

(1.) The petitioner-accused No.5 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.193/2021 of Basavan Bagewadi Police Station, initially registered for the offences punishable under Ss. 420, 419, 409 r/w Sec. 34 of the Indian Penal Code (for short 'IPC') and after investigation, charge sheet is filed for the offences punishable under Ss. 420, 419, 395 r/w Sec. 34 of IPC, on the basis of the first information lodged by informant-Shivananda.

(2.) Heard Sri Vishal Pratap Singh, learned counsel for the petitioner and Sri H.S.Shankar, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.5. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. After investigation, charge sheet is filed for the above said offences. The story made out by the prosecution itself is suspicious. It is stated that the complainant believed the words of the accused and showed them hard cash of Rs.2.00 crores kept in their office premises which was taken away by the petitioner and other accused, projecting themselves as officials from Income-Tax department. The complainant is a businessman and he could not have believed such representation of giving Rs.3.00 crores on seeing Rs.2.00 crores with them. The petitioner was apprehended on 27/10/2021 from Mumbai and since then he is in judicial custody. The investigation has been completed and the charge sheet is filed. Since the investigation is already completed, petitioner is not required for further investigation. Accused No.8 against whom similar allegations are made is already enlarged on bail. Therefore, petitioner is also entitled to be enlarged on bail on the principle of parity. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.