VIRENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No. 11216004220174 of 2022 with Dabhoda Police Station, District : Gandhinagar for the offences punishable under Ss. 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

(3.) Learned advocate for the applicant submits that applicant is innocent person and there is no prima facie case against the applicant so as to implicate him in the alleged commission of offence and has been falsely implicated in the present case. It is submitted that if the FIR is perused, the ingredients of the alleged offences are not made out and there is no question of criminal breach of trust as alleged by the complainant in the impugned FIR. It is also submitted that the dispute between the applicant and the first informant, assuming for the sake of arguments without admitting the same, are purely business transactions of civil nature. It is also submitted that the FIR is lodged on 23/5/2022 whereas the incident has occurred on 1/1/2022 and there is delay of more than three months in lodging the FIR. It is also submitted that the conduct of the informant is also required to be looked into. Hence, it is requested by learned advocate appearing for the applicant to allow present application by releasing the applicant on bail.