YATIN RAMESH JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code off Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11210055220924/2022 registered with the Salabatpura Police Station, Surat for the offence punishable under Ss. 409, 420, 120(B) and 34 of the Indian Penal Code.

(2.) Learned advocate for the applicant submitted that the FIR has been registered on 10/11/2022 and the applicant has been arrested in connection with the said FIR on 26/2/2023 and since then, he is in judicial custody and now the investigation is completed and after submission of the chargesheet, the present application has been preferred. It is submitted that all the offences are exclusively triable by the Court of Magistrate and the trial will take its own time to conclude and, hence, the present application may be allowed. It is submitted that the transaction between the parties is of civil nature, however, criminal colour has been given by lodging aforesaid FIR just to extort money from the present applicant by using pressurizing tactics. It is submitted that the co-accused has already been granted bail by the concerned Sessions Court and, hence on the ground of principle of law of parity, the present application may be allowed.

(3.) Learned advocate for the applicant has put reliance upon following decisions,