LAWS(GJH)-2023-7-1237

RAMESH RAMSUBHAG PRAJAPATI Vs. STATE OF GUJARAT

Decided On July 17, 2023
Ramesh Ramsubhag Prajapati Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR NO. 11189007230015 of 2023 registered with Wankaner City Police Station, District: Morbi, for offences under Ss. 419 , 420 , 406 , 465 , 467 , 468 , 469 , 471 and 120B of Indian Penal Code.

(2.) As per the FIR registered by one Yogeshkumar Gadhsiram Bhaskar, General manager of BSNL, Rajkot Lohanagar (Bhaktinagar) where in he has alleged that he received a call on 2/1/2023 from one Dr. Dharmendrasinh Zala and referred a telephonic talk allegedly took place between himself and Dr. Dharmendrasinh Zala regarding an MOU in respect of 352 employees of BSNL and as the complainant didnot had any talk with said Dr. Dharmendrasinh Zala, he said that he has never talked to Dr. Dharmendrasinh Zala about any MOU about 352 employees of BSNL and hence, he realized that someone is trying to cheat. Dr. Dharmendrasinh Zala also send him a draft of BSNL tender through whatsapp and ultimately complainant realized that someone has projected himself as officer of BSNL and has tried to cheat the complainant, said Dr. Dharmendrasinh Zala also told the complainant that the person projecting himself as officer of BSNL has demanded a sum of Rs.7,00,000.00(Rupees seven lacks only) to him. Similarly one another Dr. Jignesh Dhirajbhai Delvadiya also called the complainant and told about the similar incident taken place with him also and he said that a commission of Rs.15,00,000.00 (Rupees fifteen lacks only) was demanded from him also by the person projecting himself to be officer of BSNL, ultimately on the basis of aforesaid two incidents the S.O.G. was informed and a trap was laid and ultimately the present applicant was arrested when he came to meet Dr. Dharmendrasinh Zala at his hospital for executing the tender and for getting Rs.7,00,000.00 (Rupees seven lacks only.) and ultimately present applicant was caught and arrested.

(3.) Heard learned advocate Mr. Devansh Kakkad for learned advocate Mr. Laxmansinh M Zala for the applicant and learned APP, learned advocate Mr. Kakkad submitted that though there are allegations against the present applicant that amount of Rs.7,00,000.00 (Rupees seven lacks only) and Rs.15,00,000.00 (Rupees fifteen lacks only) were never paid to the applicant. He also submitted that the MOU for mediclaim facility also has not been executed between Doctors and present applicant in the name of BSNL, he submitted that in view of that as the present applicant has not derived any financial benefit out of the alleged incident and considering the fact that now investigation is over and charge-sheet is filed and that he is in jail since 6/4/2023, he may be enlarged on bail.