AMITBHAI DHIRUBHAI DHAMELIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of these applications, all the applicants herein have prayed for granting the anticipatory bail by exercising the powers under Sec. 438 of the Criminal Procedure Code in connection with FIR being C. R. No. 1121402122-0281 of 2022 registered with Kosamba Police Station, District:- Surat in respect of offence under Sec. 406 , 409 , 420 , 465 , 468 and 120 B and 114 of the Indian Penal Code .

(2.) The applicant of Criminal Misc. Application No. 10708 of 2022 is the main accused against whom the allegation is after floating residential scheme and collecting the amount, the said applicant has executed the sale deed nor returned the amounts. The applicant viz. Vrushabh Amitbhai Dhameliya of Criminal Misc. Application No. 8348 of 2022 is the son of the aforesaid applicant viz. Mr. Amitbhai Dhirubhai Dhameliya (Patel). The applicant viz. Ashish Atulbhai Thummar of Criminal Misc. Application No. 8520 of 2022 happens to be a relative of aforesaid Amitbhai Dhirubhai Dhameliya and also employee of firm of the accused - Amitbhai Dhameliya. The applicants of Criminal Misc. Application No. 9539 of 2022, Criminal Misc. Application No. 9630 of 2022 and Criminal Misc. Application No. 10234 of 2022 happen to be agents who encouraged the people to invest in the aforesaid residential scheme as per the say of learned advocate Mr. Mousam R. Yagnik and leanred advocate Mr. Kunal Shah.

(3.) As per the FIR being C. R. No. 1121402122-0281 of 2022 registered with Kosamba Police Station, District:- Surat in respect of offence under Sec. 406 , 409 , 420 , 465 , 468 and 120 B and 114 of the Indian Penal Code by one Jitendra Prasad Bednath Gupta, it is stated that in the year 2014, on Revenue Survey Nos. 244 and 246 and Block No. 189/A and 189/B situated at Mota Borsara Village, Taluka: Mangrol and District: Surat, the main accused Amitbhai Dhameliya floated scheme of residential plots and accused persons - Ashish Atulbhai Thummar and Vrushabh Amitbhai Dhameliya were booking residential plots. The complainant also booked two plots being Plots No. 118 and 119 and made payments by installments. The aforesaid payment was recorded in two different diaries and diaries were given to the complainant. After the amount was paid through land broker one Umeshbhai, when the complainant went to pay further installment, he found the booking office closed and therefore, he approached the broker Umeshbhai who said that the main accused Amitbhai Dhameliya has opened new office at Cross Road Shopping Center, Amroli, Surat. Upon reaching there, upon insistence by the complainant, the main accused Amit Dhameliya executed a document on Rs.100.00 stamp paper and ultimately, the complainant came to know that though the land did not belong to the main accused Amitbhai Dhameliya despite that he collected the booking amount and subsequent payments from the complainant and the other people and thereafter, neither gave the plots nor repaid the amount.