KANUBHAI SAKABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant application, the applicant has sought anticipatory bail in the event of his arrest in connection with FIR being C.R. No.1120100125004/2024 registered with CID Cryme, Gandhinagar Zone for the alleged offences as mentioned in the FIR.

(2.) Heard learned advocate, Mr. Ashish Dagli for the applicant, learned APP Mr. Hardik Soni for the respondent - State of Gujarat and learned advocate, Mr. Jimit Shah for the original complainant.

(3.) Learned advocate, Mr. Dagli has referred to the allegations leveled in the FIR and submitted that the incident has occurred during the period between 1/1/2023 to 31/12/2023, for which, FIR has been lodged on 13/3/2025 and thus, there is gross delay in registering the FIR, wherein the applicant is shown as accused no.2. He further submitted that it is the case of the prosecution that the accused have given attractive offers to the complainant and other innocent persons of good returns in case they would invest their money in the properties as per their instruction and pursuant thereto, they have invested their money and initially the accused have returned back some amount to them and thereby the accused have committed alleged offences. He submitted that though the allegations and accusation are leveled in the FIR against the applicant, the applicant has never come in contact with any investor nor the applicant has received single penny from any investor and thus, the applicant is not directly or indirectly involved in the commission of crime but despite the said fact, he has been wrongly arraigned as accused by the original complainant with oblique motive and it is the original accused no.1, Kanaiyalal Manilal Patel, who collected the amount from the investors and, thereafter, invested the said amount with one Ramanpuri Chhaganpuri Goswami and the applicant is not aware about the said transaction and where the amount had gone. He submitted that in fact, all the persons have invested their amount with said Ramanpuri Goswami, who had also committed breach with the original accused no.1, therefore, the original accused no.1 had addressed a written complaint to the Hon'ble Chief Minister narrating all facts and pursuant thereto, office of the Chief Minister wrote a letter to the Additional Chief Secretary, Home Department for initiating appropriate action against the said Ramanpuri Goswami, copies of those documents are produced on record. He also referred to the promissory notes produced on record and submitted that if the Hon'ble Court would make cursory glance upon the said set of documents, in that event, it is found out that the said Ramanpuri Goswami has signed the said promissory note and thereby has accepted the liability and responsibility to carry on said scheme and not only that, he has also accepted to return the said amount. He, therefore, submitted that in view of the above facts, it is clear that the applicant has not received amount from the investors nor he had given any assurance to them but he being a partner in the partnership firm, is wrongly arraigned as accused. He also referred to the public notice published in Sandesh Newspaper of Mehsana edition by one Sanjay Barot, advocate as well as public notice given by one Manoj Joshi, copies of which are produced on record and submitted that by the said notice, it was pointed out to public at large that they have not financial relations and/or business with the original accused no.1 and the said Ramanpuri Goswami had collected huge amount from the investors and thus, the applicant is wrongly dragged into the alleged commission of crime. It is, therefore, urged that the applicant may be enlarged on anticipatory bail as considering the nature of allegations, custodial interrogation at this stage is not necessary and the applicant will keep himself available during the course of investigation, trial also and will not flee from justice and is ready and willing to abide by all the conditions including imposition of conditions while releasing the applicant on anticipatory bail.