MUKESHBHAI MANIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.11197046200509 of 2020 registered with Shinor Police Station, Vadodara Rural, Dist. Vadodara for the offences under Sections 465, 467, 468, 471, 203, 193, 182 and 114 of the Indian Penal Code, 1860.

(3.) It is the case of the prosecution that the first informant is doing a business in the name of "Shrijal Concast Steel Industries Steel Industries Ltd." situated at Avakhal village and running his livelihood and he is having two brothers and both are managing the said company. It is alleged that Sarpanch namely, Mukeshbhai Manibhai Vasava i.e. the applicant and Talati-cum-Mantri namely, Kesarisinh Bavabhai Chauhan have given false Rajachitthi for the construction of the company of the first informant and for such incident, the first informant filed a complaint before the Police Inspector, Vadodara Rural on 22.01.2018, in which he has stated that the applicant was the Sarpanch of Avakhal village in the year 2012 and on 02.08.2012, the said Rajachitthi was issued by Avakhal Panchayat for the construction work of the company of the first informant and the same was containing the seal and signature of the applicant as the Sarpanch and Kesarisinh Bavabhai Chauhan as the Talati-cum-Mantri by passing resolution No.28. Thereafter, the dispute arose amongst the first informant, Sarpanch and Talati-cum-Mantri and upon inquiry, it was found that the said Rajachitthi was prepared, without passing the resolution and with conspiracy to each other by misusing the position of Sarpanch and Talati-cum-Mantri. It is further alleged that one Pravin Sinha Veer Sinha Bamaniya, who was Talati-cum-Mantri at the relevant point of time, came to know about such incident that no resolution for Rajachitthi was passed in the year 2011-12 and both the accused had deliberately issued false Rajachitthi to implicate the first informant in legal procedure.