URVESH NATUBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Counsel for the applicant and learned Public Prosecutor with learned APP on behalf of the respondent-State and learned Senior Counsel for the original complainant.

(2.) This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 406 , 420 , 465 and 120-B of the Indian Penal Code which FIR came to be registered at C.R. No.11214042200177 of 2020 with Olpad Police Station.

(3.) On consideration of rival submissions, it appears that the petitioner had allegedly signed the documents i.e. agreement to sell as one of the witnesses; the FIR does not attribute any role to the petitioner other than what is stated herein above and thus the submissions made by the learned Senior Counsel for the original complainant that the applicant had a knowledge of the mortgage and that the complainant was duped by the applicant with such knowledge prima-facie does not appear to be bearing the substance.