GIRIRAJSINH KANUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as CR.No.11201017200002 of 2020 with CID Crime Border Zone Bhuj Police Station, District Kachchh-Bhuj for the offences punishable under Sections 406 , 409 , 465 , 467 , 468 , 471 and 120B of the Indian Penal Code, 1860.

(2.) Ms.Kruti M. Shah, learned advocate appearing on behalf of the applicant has submitted that the applicant was the Secretary of Chiyasar Seva Sahakari Mandli and it has been alleged that all the accused persons including the present applicant have committed a huge fraud and after comspiring with each other, obtained loan and by forging signature in the names of farmers, sizable amount is misappropriated. However, the learned advocate has submitted that regarding this very FIR, the President - Mr.Jayantibhai Bhanushali, has also been released on regular bail and in this entire episode, several decisions have taken place granting the regular bail to the accused persons on the basis of similar charge. The said orders passed by the Coordinate Benches are also attached with this application on page-63 onwards and thereby, has contended that the application deserves to be considered. In addition to this, learned advocate has also submitted that whenever the regular bail application of the Secretary is being dealt with, even the Coordinate Benches in following criminal misc. applications have considered the case and released the applicants, who were secretaries of the respective mandli, on regular bail; Criminal Misc. Application No.5025 of 2020, decided on 18.6.2020; Criminal Misc. Application No.5501 of 2020, decided on 18.6.2020 and Criminal Misc. Application No.9073 of 2020, decided on 13.7.2020 and by referring to those decisions, a request is made to consider the case of the present applicant since the applicant is an innocent person and has been wrongly arraigned in the prosecution.

(3.) Mr.Dhruraj Rana, learned advocate appearing on behalf of the bank, has made an attempt to oppose this application. However, the learned advocate could not withstand to the contention that in all those similar cases, the regular bail has been granted to the respective co-accused pesons and in some of the matter, he himself has appeared and after hearing him, the Coordinate Benches have released the accused persons on bail and hence, left it to the discretion of the Court.