KAMLESHBHAI JINABHAI KALSARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant has prayed to release on anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11198035241020 of 2024 registered with Mahuva Police Station, Bhavnagar, for the offences punishable under Ss. 306 and 114 of IPC.

(2.) Learned advocate for the applicant submits that the applicant is serving as Assistant Branch Manager, in the Bhavnagar District Co-operative Bank Ltd. and he has nothing to do with the offence. The allegation against the present applicant is that the brother of the victim deceased has filed complaint, wherein, it is alleged that the present applicant has taken advance amount of Rs.7,50,000.00 from the victim towards the education of his daughter. The complaint is filed against two office bearers viz. Hamir Bhaliya and Naresh Bhaliya of Khadasliya Anganka Seva Sahkari Mandali Ltd. and at the relevant point of time, the finance was obtained by the society from the bank and the present applicant has pressurized the deceased for issuance of the certificate from the Mandali. It is alleged that the victim i.e. deceaed has lended the loan amount of Rs.7,50,000.00 towards the education of daughter of present applicant and though demanded for repayment, but the said amount was not repaid. Even otherwise, the members of the society has not paid the amount of loan to the society, though straightway issued 'no due certificate' to the concerned farmers. The complaint is registered on 31/12/2024 and the alleged incident took place between 18/08/2022 and 18/08/2023 and the deceased succumbed to the death on 17/10/2023. During the aforesaid period, no any allegation levelled against the present applicant and no any dying declaration of victim is recorded. Even otherwise, the applicant has performed his duties in his official capacity and the applicant was serving as a Secretary in the society and during the audit, many irregularities were come to the notice of the authorities and the authority has also initiated statutory proceedings under Sec. -93 of the Gujarat Co-operative Societies Act. He submits that due to under pressure, the deceaed has committed suicide. Nothing is recovered and discovered from the applicant and therefore, no custodial interrogation is required as requested to allow the present application. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State as well as learned advocate for the complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence. They have submitted that the present applicant has received the amount of Rs.7,50,000.00 towards loan from the deceased and for that, the deceased has made a note, which was sent for FSL and the FSL report proved the hand-writing of the deceased. In the said note, the name of the present applicant is clearly spelt out and also, mentioned that the applicant has received the amount of Rs.7,50,000.00 from the deceased. He has received the said amount directly on behalf of the society and straight way issued 'no due certificate' to the farmers. Learned APP further submits that due to instigation and constant harassment and pressurized the deceased, which leads the involvement of the applicant in the irregularities and misappropriation of the amount of society. Due to such pressure, the victim has committed suicide. Therefore, the custodial interrogation of the applicant is required as similar types of the offence is registered against applicant and same mode operandi was adopted in the year 2001 and complaint is registed. Hence, he has requested to dismiss the present application.