STATE OF GUJARAT Vs. ALOK NAG

JUDGEMENT

(1.) By way of the present petitions under Sec. 439(2) of the Code of Criminal Procedure, 1973, the petitioner State has prayed to quash and set aside the order dtd. 14/06/2023 and 03/07/2023 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) in Criminal Misc. Application No.2126, 2212 and 2235 of 2023, whereby the learned Session Judge has granted anticipatory bail granted to the respondents - original accused.

(2.) Since the issue involved in the petition is common, they are heard and decided together by this common oral order.

(3.) It is the case of the complainant that the nephew of the complainant is running a company namely Vriks Telecom Private Limited in Ahmedabad and the deceased who is the brother of the complainant used to assist his son in running the said company. It is also alleged in the complaint that the accused conspired together and with an intention to defraud the nephew of the complainant, the accused persons offered an unsecured loan to the nephew of the complainant and accordingly, transferred a total sum of Rs.25,39,45,319.00 in the account of the company. It is also alleged in the complaint that the nephew of the complainant paid Rs.38,20,97,000.00 to the accused persons as a repayment of the principal loan amount alongwith interest and over and above and the accused persons used to threaten the nephew of the complainant and the deceased and his family members. Thereafter, the accused persons threatened the nephew of the complainant that he is supposed to pay Rs.3,37,50,000.00 as the remaining repayment of loan and for that as well, the accused persons started threatening the nephew of the complainant through telephone as well as physically and subsequently, the deceased told the complainant that he was not able to bear the stress of the threats from the accused persons, and hence, on 21/5/2023, the deceased was in Dhandhuka when he went to a farm on the border of Chharodiya village and the deceased had committed suicide by hanging himself and upon investigation, the complainant found that there was a video of the deceased in the phone of the deceased where in the deceased had stated that he is taking this step due to the harassment by the accused persons. It is also alleged that the complainant found three papers from the car of the deceased wherein two letters were hand written and the third was typed wherein the deceased had mentioned that he was tired of the harassment by the accused and that is why he took this step. Later on the deceased took to the hospital wherein he was declared dead and then the impugned FIR came to be filed.