(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11205042220062 of 2022 registered with Bhuj City 'A' Division Police Station, District Kachchh for the offences punishable under Ss. 489(A) , 489(C) , 406 , 420 , 511 , 186 , 332 and 34 of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.
(2.) Learned Advocate for the applicants submitted that the present applicants were found at the place of offence which is at the residential house of Yusuf Kakal, who is the brother of Dilawar, the main accused against whom the allegations is of alluring the people to purchase gold at rates lower than the market prices. It is alleged that Dilawar initially would show original gold and then under the said pretext, would sell dubious articles and cheat people. It is submitted that the role of accused - Ranju Kakal who is also having a separate modus operandi and one of the parties hailing from Rajasthan was cheated by disposing of the gold at cheap rate alongwith counterfeit notes. The allegations against the said Raju Kakal are of facilitating the meeting of the party from Rajasthan with Dilawar Kakal for concluding the deal. It is submitted that there are no such allegations against the present applicants and the applicants were not found at the place of incident.
(3.) Learned Additional Public Prosecutor submitted that it was a criminal conspiracy by all the accused. During the course of investigation, the involvement was shown and stated that because of some error in the software, inadvertently in the affidavit it is stated that one criminal case has been registered against the applicant No.2 - Akbar Alimamad Sumara and it is therefore, urged to reject this application.