JITENDRASINH KESARSINH BALAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No.49 of 2019 registered with Paldi Police Station, Ahmedabad, for the offences punishable under sections 407 , 420 , 408 and 411 of the Indian Penal Code.

(3.) Mr. Hardik Dave, learned advocate for the applicant, submitted that original culprit - Mahipalsinh @ Mepasa Jitendrasinh Jodha has been released on bail and approximately Rs.61 lacs is already recovered from him. The allegation is of handing over money of Rs.1 crore 60 lacs by owner of the company AKM Enterprises to make payment to parties at Banglore instead of that accused- Mahipalsinh kept back money and did not reach the Banglore. Mr. Dave, further submitted that when the police inquired about rest of the money, the said co-accused named present applicant and thereby, under section 411 of the IPC, applicant is alleged as accused. Mr. Dave also submitted that actually the present applicant had lended money to Mahipalsinh and just to avoid repayment of the borrowed money, he has falsely implicated the applicant in the criminal case. No such money is in possession of the present applicant and thus, prayed to grant anticipatory bail to the applicant.