LIPIKA BHATTACHARJEE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent-State.

(2.) The present application is filed under Sec. 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being FIR. No.11208055240248 of 2024 registered with DCB Police Station, District Rajkot for the offences punishable under Ss. 406, 420, 409, 120B and 114 of the Indian Penal Code.

(3.) Learned Advocate appearing on behalf of the applicant submits that the applicant has been falsely implicated in the offence. The applicant is a lady accused. The allegations are against accused no.1 and 2 and they are protected by the co- ordinate Bench of this Court. So far as allegations against the present applicant is concerned, she was the authorized signatory and had signed the alleged cheques, however, the applicant remained as Director of the company for a short duration from 18/5/2018 to 20/5/2019 and the present complaint was registered on 11/10/2024. Though substantial part of investigation is over nothing has been recovered or discovered. The present applicant was the Director of two companies namely Parton Traders and Display Commercial Private Ltd., At the instance of Mr. Kamlalkumar Kothari an amount of Rs.8.75 crs. was drawn and the cheque came to issued for security, however the balance was insufficient and the same was not deposited. Prima facie, no any offence is committed on the part of present applicant. It is submitted that the applicant is ready and willing to abide by any of the conditions. Hence, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.