ANWARBHAI IBRAHIMBHAI TAYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal under Section 21 of the National Investigation Agency Act read with Section 439 of the Code of Criminal Procedure, 1973 is filed for regular bail in connection with the offences being NIA (Mumbai) Case No.RC-06/2017/NIA/DLI (Rajkot FCN) for the offences under Sections 406, 420, 120(B) of the Indian Penal Code and under Sections 489(B) and (C) the Indian Penal Code.

(2.) Initially a C.R. No.I-51/2017 came to be registered with Rajkot City 'A' Division Police Station for the offences punishable under Sections 406, 420, 120(B) of the Indian Penal Code wherein the informant - Nitinbhai Bavabhai who was doing business as a scrap dealer had employed one - Priteshbhai for collecting the amounts from his clients and depositing with the informant. On 23.02017, the informant received a call from the said Priteshbhai that they are supposed to collect money from the office of B.K. Enterprise who were granting finance as per the discussion with B.K. Enterprise and that an amount of Rs.50, 00, 000/= is to be given in cash after transfer of Rs.50, 00, 000/= by RTGS in the account of M/s. B.K. Enterprise. It is averred that as the amount involved was huge, therefore, he was to remain present and reached the office of one - Ketanbhai (accused No.1) . From there, the informant was given an account No. of B.K. Enterprise in whose account, the money was to be transferred by RTGS and after such transfer, the money was to be paid by Ketanbhai alongwith the coaccused Shailesh Barvadia to informant. Both the accused showed the cash amount of Rs.50, 00, 000/= in one bag of Rs.2000 denomination of new currency to satisfy the informant that this amount will be given to him after the RTGS Transfer. It is averred that on the ground of one excuse or the other, even after the transfer of the money in the account of M/s. B.K. Enterprise by RTGS, the informant and his men were made to wait in the office and thereafter, the accused - Ketanbhai made a phone call and within a few minutes, 6 to 7 persons entered the office of Ketanbhai and started talking to each other, referring to one - Anwarbhai (the present applicant) . Thereafter, there was a commotion in the office and the people left with the money of Rs.50, 00, 000/= which was to be given to the informant.

(3.) The informant thereafter, made a phone call on '100' number and in response thereto, he was taken to the police station where the First Information Report came to be registered. The investigation in connection with the First Information Report was carried out initially by the 'A' Division Police Station and thereafter, during the course of investigation, it was found that all the accused persons had entered into a conspiracy in defrauding the informant for an amount of Rs.50, 00, 000/= and as a part of the conspiracy, had brought the fake currency notes of newly introduced Rs.2, 000/= denomination to satisfy the informant that he is genuinely going to receive the payment and thereafter, staged a drama in the office of the accused - Ketanbhai and the co-accused as if they are having a fight amongst themselves and then took away the fake currency note.