RAVAL VINABEN SHANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.-I No.11191045220344 of 2022 registered with Sola High Court Police Station, District Ahmedabad for the offences under Ss. 193 , 420 , 465 , 467 , 471 and 120B of the Indian Penal Code, 1860, submitting to the effect that she has been falsely implicated in the instant case and has no role whatsoever to play in relation to the allegations levelled against her qua the alleged commission of offences.

(2.) The genesis of the FIR in the instant case is an interim bail application filed by the husband through the present applicant, being Criminal Misc. Application No.3795 of 2022 seeking extension of temporary bail producing a forged RTPCR report dtd. 21/2/2022, wherein the husband of the applicant falsely stated to have been detected with COVID positive by doing manipulation in the RTPCR report. This Court directed the verification of the said report and it was found that the COVID-19 report was forged as the original report was negative for COVID-19, hence upon the direction of this Court, the impugned complaint is registered against the applicant.

(3.) Learned advocate Mr.Sojatwala, appearing for the applicant has submitted that the applicant is absolutely innocent and has not committed an offence, as alleged in the FIR. He has submitted that the husband of the applicant has approached this Court for grant of temporary bail, which was granted vide order dtd. 15/2/2022, when the husband of the applicant was to surrender before the jail authority, he has to go for COVID-19 report and, therefore, upon the instructions of one Prashant Kalani, he went to Neuberg Supratech Reference Laboratories and paid the fees of Rs.400.00 for RTPCR Test, and the mobile number was asked for by the Laboratory and the receipt of the amount was received on WhatsApp, after completing required formalities.