JAY DEEPAKBHAI PARMAR 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 anticipatory bail in connection with the FIR being C. R. No. 11191022220961 of 2022 registered with Isanpur Police Station, Dist. Ahmedabad for the offences punishable under Ss. 406 , 420 and 114 of the Indian Penal Code.

(2.) The applicant happens to be son of one Dipakbhai Parmar who came into the contact with the complainant and after winning the trust of the complainant, promised him to provide groceries for his grocery store at a concessional rate. Initially, against the payment, the present applicant as well as father of the applicant i.e. Dipakbhai Parmar provided the groceries and thereafter, they won the confidence of the complainant and said that now the prices of groundnut oil and other groceries are likely to increase and they will supply the same at a cheaper rate by Rs.400.00 per tin of groundnut oil than market price and therefore, the complainant on various dates paid the total amount of Rs.42,63,115.00 advance to the father of the present applicant Dipakbhai and thereafter, Dipakbhai switched off the mobile phone and neither provided the goods in form of groceries nor repaid the amount. Therefore, the complaint was registered against the present applicant.

(3.) Learned advocate Mr. Mayur Rajguru appearing for the applicant submitted that age of the applicant is only 22 years and he is serving as a Security Guard. The offence is committed by his father and not by him. He further submitted that there is a delay of nine months in registering the complaint and therefore, considering those grounds, he should be granted anticipatory bail.