DHARMESHBHAI MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Shruti Pathak, learned Assistant Government Pleader waives service of rule on behalf of respondent - State and learned advocate Mr. Ekant Ahuja waives service of rule on behalf of original complainant. With the consent of parties, the application is taken up for final hearing today itself.

(2.) By way of this successive application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking to release him on regular bail in connection with the FIR being C. R. No. 11191065230414 of 2023 registered with Narol Police Station, District Ahmedabad for the offences punishable under Ss. 120 B, 323, 294 (b), 384, 386, 506 (2) and 507 of the Indian Penal Code, Sec. , 5, 40, 42 (a), 42 (b) and 42 (2) of the Gujarat Money Lenders Act.

(3.) As per the FIR registered by one Kamalkumar Deshraj Dogra, it is stated that he is having various business stated in the FIR and he is staying with his family. In March 2020, due to Corona, there was a recession in business and therefore, the first informant was facing financial crisis and therefore, he contacted one Falgun Bipinbhai Mehta and requested him to lend some money, in turn Falgun Bipinbhai Mehta agreed to lend her an amount of Rs.8,00,000,00.00 as requested by first informant by charging interest @ 9% interest per month. Thereafter, as the amount was big, the said Falgun Mehta introduced the first informant to his friends including the present applicant and in two Bank accounts of the Kaaml Translink of Kotak Mahindra Bank a sum of Rs.7,71,67,151.00 was deposited. Out of which towards repayment of the aforesaid amount, a sum of Rs.30,00,000.00 were deposited in account of the present applicant. Against the aforesaid amount, a total sum of Rs.11,15,90,022.00 was deposited in the Bank account of seven persons, despite that it is alleged that the present applicant forcibly took away the Lamborghini car owned by the son of the first informant worth Rs.7.00 Crores and got transferred in his name. One another car being Fortuner as well as one Mercedes E- Class also was taken away forcibly from the first informant by the co-accused persons. Thereafter, on 14/2/2023 there was a GST raid on the company of the first informant and the Bank accounts of the first informant were freezed and therefore, the present applicant and alongwith Falgun Mehta and son of the present applicant - Prem Patel threatened the first informant and forced them to open their accounts in another bank and transferred an amount of Rs.2,57,00,000.00 from that accounts to the various banks accounts of the present applicant and co-accused's account. As the first informant had already paid much more amount than the actual amount borrowed by him, despite that the present applicant and other co-accused used to threaten him telephonically and personally and on 4/4/2023 he was beaten also by the present applicant and other co-accused persons. Thereafter, the first informant was threatened to transfer the properties in favour of the present applicant and other co-accused persons and therefore, as against Rs.7,71,67,151.00 though more than Rs.14,48,59,022.00 were repaid to him, despite that for transfer of the properties of the first informant, the present applicant and co-accused continuously used to threaten him and the FIR is registered.