ASHISH PRABODCHANDARA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present application under Section 438 of the Code of Criminal Procedure,1973, the applicant ­ original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I-19 of 2013 registered with Gujarat University Police Station, Ahmedabad, for the offences punishable under Sections 406, 420, 465, 467, 471 and 120-B of the Indian Penal Code.

(2.) MR .J.A.Adeshra, learned advocate for the applicant submitted that the applicant was working with the complainant ­ SBI Life Insurance Company (hereinafter referred to as "the said Insurance Company") as Senior Agency Manager between October,2010 and May,2011. On 26/05/2011, the applicant had resigned as Senior Agency Manager of the said Insurance Company. He has further submitted that as per allegations leveled in the FIR, the offence took place between 28/02/2012 and 20/12/2012, during the period when the applicant was not in employment of the said Insurance Company as he had resigned on 26/05/2011. He has further submitted that the applicant is an innocent person and is wrongly involved in commission of the offence and, therefore, the applicant may be released on anticipatory bail.

(3.) I have perused the papers of investigation, which were produced by the learned Additional Public Prosecutor. It appears from statement of the said Account, which have been supplied by the UCO Bank that the amount received pursuant to closer of the policies, was deposited in the said Account on 18/06/2012. Major part of the said amount was paid to the applicant on 20/06/2012. Similarly, major part of the deposited amount towards closure of the policies, was paid to the applicant on 20/10/2012. Therefore, I am of the opinion that the applicant in connivance with Babubhai, his sub-agent by producing several forged documents, came to be successful in committing aforesaid offences and had withdrew almost entire amount which was passed on in favour of policy holders though they had never made application to discontinue their policies and have not received any amount. It is pertinent to note that similarly situated person namely Chitrasen Rameshbhai Rajput had preferred an application for getting anticipatory bail being Criminal Misc. Application No.2730 of 2013 before this Court (Coram: Anant S. Dave,J), which was not entertained by this Court and ultimately the applicant of that application withdrew the said application on 04/03/2013. Considering overall facts and circumstances of the case, I am of the opinion that there is no need to exercise power conferred u/s.438 of the Code of Criminal Procedure. Hence, the present application is rejected. Rule is discharged.