RAHUL S/O BALDEVRAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Sunil Kumar, learned advocate appearing with Mr.Daxay Patel, learned advocate appearing for the applicant and Ms.Jirga Jhaveri, learned Additional Public Prosecutor for the respondent -State.

(2.) Mr.Sunil Kumar, learned advocate appearing with Mr.Daxay Patel, learned advocate appearing on behalf of the applicant states that the applicant is in business of providing tour packages. An allegation levelled against the applicant is that an amount of Rs.2,50,000/ - was paid at the instance of the persons, who are named in the FIR, to Unique Partners on 23/01/2015 with whom the present applicant is one of the Partners. He further states that since the applicant has not given any holiday packages, he is ready and willing to refund the aforesaid amount to the original complainant, within reasonable time. Mr.Hitesh Padhya, learned advocate appearing on behalf of the original complainant submits that the applicant shall file an Undertaking to the effect that an amount of Rs.1,50,000/ - shall be deposited on or before 25/02/2016 and remaining amount of Rs.1,00,000/ - shall be deposited on or before 10/03/2016 before the learned Trial Court and the aforesaid amount shall be paid by the learned Trial Court to the original complainant by Account Payee Cheque, subject to the rights and contentions of each of the parties.

(3.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I - 30 of 2015 registered with Dariyapur Police Station, Ahmedabad, for the offences punishable under Sections 406, 420, 120(B), etc. of the Indian Penal Code.