SAJANBHAI VASHRAMBHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11196004210850 registered with Gotri Police Station, Vadodara City for offences punishable under Sec. 406 , 420 , 467 , 468 , 471 , 120B and 506(1) of IPC.

(2.) Learned advocate for the applicant submitted that the applicant is rather a victim and that without disclosing the true facts, accused Nos.1 to 3 have cheated the applicant by taking consideration money of Rs.15.00 Lacs after executing agreement to sell and possession of the land was not handed over to the applicant. The allegations show that accused Nos.1 to 3, with a mala fide intention, had executed the agreement to sell. It is contended that the applicant has not played any direct role in the alleged offence and has not even remotely cheated the person concerned. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that on 26/12/2016 an agreement to sell without granting possession came to be executed, which was forged one. It was done with the intention to cheat the family members of the complainant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.