RUPASHRI AMIT MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent-State and Mr. Nimit Y. Shukla, learned counsel, who has instructions to appear for the complainant waives service of Rule for the complainant. Mr. Shukla shall file his appearance before the Registry forthwith.

(2.) The present second successive bail application is filed under Sec. 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for Regular Bail in connection with FIR being C.R. No. 11191011240254 of 2024 registered with DCB Police Station, Ahmedabad, for the offence under Ss. 406, 409, 420, 465, 467, 468, 471, 477(A) and 120B of Indian Penal Code, 1860. It is to be noted that, earlier the applicant was released on regular bail in Criminal Misc. Application No.2433/2025 by this Court vide order dtd. 27/6/2025 upon undertaking filed by the applicant to deposit Rs.1,32,41,300.00 (50% of the total amount derived). But unfortunately, the applicant could manage Rs.40.00 lakhs before the Court and therefore, could not comply with the conditions imposed by this Court while releasing on bail. Therefore, the applicant surrendered before the authority concerned. Hence, present application is filed for grant of regular bail.

(3.) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Case is based on documentary evidence. Allegation against the applicant, her husband and other accused is that, from March, 2018 to June, 2024, the alleged proprietorship firms and partnership firms for their own benefits at place where they had not worked, had forged bills and sent to the co- accused and in collusion and connivance with other co-accused, uploaded the said forged bills in the system and got 616 bills and paid Rs.12,12,08,770.00 in 14 proprietorship firms and partnership firms and thereby, committed the offence of cheating and criminal breach of trust. It is submitted that, investigation is over and chargesheet has been filed. The applicant being lady accused, is having minor children and social responsibility. It is also submitted that, the co-accused who have alleged to have graver role, are enlarged on regular bail and therefore, on the ground of parity also, the applicant may be enlarged on regular bail.