SANJAYKUMAR BHIMJIBHAI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11210015230104 of 2023 registered with the DCB Police Station, Surat, for the offence punishable under Ss. 409, 420, 120(B) and 114 of the Indian Penal Code.

(3.) Learned advocate appearing on behalf of the applicant submits that the present application is preferred after submission of charge-sheet. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate submitted that the so-called incident has taken place for the period between January 2022 to December 2022, for which the FIR has been lodged on 12/7/2023. Learned advocate submitted that the FIR has been filed against total 03 accused persons and the present applicant is shown at sr. no.1. The wife of the present applicant-accused, who is accused no.2 and she is already enlarged on anticipatory bail by the concerned trial Court as she had conceived pregnancy at that relevant point of time. Learned advocate for the applicant has submitted that all the offences are exclusively triable by the court of Magistrate. Learned advocate further submits that the investigation is already concluded and whatever documents upon which the reliance has been placed by the prosecuting agency, have already been collected by the IO during the course of investigation. Therefore, there is no chance to tamper with the documents. Learned advocate further submits that the matter is amicably settled between the parties outside of the court and the wife of the applicant-accused has filed an undertaking. The contents of the undertaking are as under:-