JAGDISHBHAI SAVJIBHAI GODANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) 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 C.R.No.112168200013 of 2020 with Sector- 7 Gandhinagar Police Station, District Gandhinagar for the offences punishable under Sections 465 , 467 , 468 , 471 and 114 of the Indian Penal Code, 1860.

(3.) Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has submitted that the applicant is arrested on 30.08.2020 and he has been incarcerated since then. He has submitted that the applicant is not beneficiary in the alleged transaction and has performed in capacity of broker. He has further submitted that the Investigating Officer has roped the applicant in another offence, which was according to instruction quashed by the Coordinate Bench of this Court vide order dated 25.09.2020 passed in Criminal Misc. Application No.13562 of 2020. He has further submitted that four days remand was granted by the court below, despite that nothing was recovered or discovered from the applicant. He has further submitted that there is no signature of the applicant at any place. He has further submitted that the alleged offence committed during 02.05.2018 to 30.12.2019 and the FIR is lodged on 07.01.2020. He has further submitted that one co-accused is enlarged on regular bail vide order dated 17.09.2020 passed in Criminal Misc. Application No.13219 of 2020 and the other co-accused granted bail under Section 438 of the Code of Criminal Procedure, 1973 vide order dated 07.09.2020 passed in Criminal Misc. Application No.11955 of 2020. Thus, he has submitted that on the ground of parity, the present application may be allowed.