AJAYBHAI MAHENDRABHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-27/2016 registered with Bharuch City Police Station, District:Bharuch for the offences punishable under Sections 406, 420, 467, 468, 471, 120(B) of the Indian Penal Code.

(2.) Learned Senior Advocate for the applicant submits that the present applicant is innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that prima facie the ingredients of the alleged offence are not attracted towards the applicant, however, by abuse and misuse of process of law, he has been implicated in the alleged offence. Learned Senior Advocate further submits that statement of one Bharatbhai V. Prajapati was recorded during the course of investigation and in the said statement, there is no allegation against the present applicant for committing the alleged offence. It is submitted that the applicant is a bonafide purchaser and he has purchased the land in question after making payment of due consideration. The applicant was not aware about the fact that by creating false and fabricated documents sale transaction was done or executed. Learned Senior Advocate upon instructions further states that without prejudice to the rights and contentions of the applicant, the applicant is ready and willing to deposit an amount of Rs.5,00,000/- before the concerned trial court in two installments. The first installment of Rs.2,00,000/- shall be deposited on or before 31st December 2016 and the second installment of Rs.3,00,000/- shall be deposited on or before 15th February 2017. It is further stated upon instructions that the applicant has no objection if an amount of Rs.2,00,000/- is paid to the complainant out of the Rs.5,00,000/- that may be deposited by him and he will not claim refund of the said amount in the event of his acquittal in future, but this concession shall not be treated as admission of guilt by the applicant as the amount is deposited without prejudice to the rights and contentions. It is further submitted that the investigation is over, charge sheet is filed, and therefore, now there is no possibility of tampering with the evidence and the applicant is ready and willing to abide by the conditions that may be imposed while releasing the applicant on regular bail. It is therefore submitted that considering the nature of allegations, and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail and submits that there is prima facie case against the applicant for committing the alleged offence, and therefore, looking to the nature and gravity of the offence, the applicant may not enlarged on regular bail.