DESAI RAJENDRABHAI RANCHHODBHAI 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 FIR being I C.R. No. 11191015211324 of 2021 registered with Nikol Police Station, Ahmedabad, for offences punishable under Sec. 306, 384, 387, 114 of Indian Penal Code and under Sec. 5, 33(2), 42 of the Gujarat Money Lenders Act, 2011.

(2.) Mr. Rahul Dholakia, learned advocate for the petitioner submitted that the allegation against the present petitioner is of demanding the repayment of the loan amount alongwith interest, and thus stated that, such kind of demanding the money would not amount to extortion. Learned advocate for the petitioner submitted that it was a contractual agreement which the deceased was bound to follow and thus stated that it could not be a case of any instigation. It was, therefore, prayed that the present application may be allowed and the petitioner herein may be released on regular bail.

(3.) Mr. Zabuawala, learned advocate states that he has instructions to appear for the original complainant; let his vakalatnama be accepted. He has filed the affidavit of the complainant to object the bail application stating that the complaint was drafted by the deceased which should be considered as dying declaration and addressing the Nikol Police Station wherein it is stated that the accused had asked the deceased to sign the blank cheques and thus noted in the complaint that because of threat of the accused of kidnapping him and the family members and to do away with him and under such apprehension he states that the situation was created for him to forcefully leave the place and then decided to leave for Surat.