VIVEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.-I No. 11208052230064 of 2023 registered with the Bhaktinagar Police Station, District Rajkot City for the offence punishable under Ss. 465, 467, 468, 471, 472 and 120(B) of the Indian Penal Code.

(2.) Learned advocate appearing on behalf of the applicant has submitted that the applicant is in jail since 7/2/2023. The investigation is completed and charge-sheet is filed by the Investigating Officer before the Competent Court. It is further submitted that all the offences are exclusively triable by the court of learned Magistrate. It is also submitted that no recovery or discovery is pending at the behest of the present applicant. It is further submitted that if the entire sequence of events of incident is to be seen, in that event it is found out that there was no monitory loss to the complainant. It is also submitted that prosecution case is solely based upon the documentary evidence and all the documents are recovered at the time of investigation. It is also submitted that co-accused, who was caught red handed from the premises of the bank, has already been enlarged on bail by the Co-ordinate Bench of this Court and therefore on the ground of parity, the present applicant may also be enlarged on regular bail by imposing suitable terms and conditions.

(3.) Learned APP appearing on behalf of the respondent-State has opposed the present bail application. It is submitted that the present applicant has having this kind of systematic modus operandi in his mind and he used to dupe the people by inserting his mobile number in the bank account of the victim, whose business transaction is huge in nature. It is further submitted that identical nature of offence is also registered against the present applicant in Maharashtra. Therefore, considering the factual aspect, the present application may not be considered.