KALPESH CHANDRAKANT SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section?439?of the Code of Criminal Procedure, 1973 for regular bail in connection with F.I.R. registered at C.R. No. I-01 of 2018 with Udhna Police Station, District-Surat, for the offences punishable under Sections-406, 420, 467, 468 of the Indian Penal Code, Section-66 of IT Act and Section-7 of the Essential Commodities Act.

(2.) Heard learned advocate, for the applicant and Mr. H. K. Patel, learned Additional Public Prosecutor, for the respondent-State.

(3.) Learned advocate for the applicant submitted that the applicant is innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that from the FIR, there is no prima facie case against the present applicant for committing alleged offence. Learned Advocate for the applicant submits that applicant was serving as Project Coordinator. Learned Advocate for the applicant submits that the co-accused namely Rahul Madanlal Suyal has granted Regular Bail by this Court vide Order dated 02-08-2018 passed in Criminal Misc. Application No.13716 of 2018 by depositing Rs. 60,000/-. The applicant is also having handicapped son and having limited income. Looking to the facts and circumstances of the case, the condition with respect of the depositing of amount is not imposed in the present case considering the family circumstances, as the applicant is having handicapped son. The allegations against the present applicant is for committing alleged offence which according to the learned Advocate for the applicant is triable by Magisterial court. It is further submitted that the applicant is in jail. It is further submitted that the statement of some of the card holders are recorded and fair price shop license is also cancelled by the State Authority in connection with the alleged incident. It is further submitted that the investigation is over. Chargesheet is filed, but further investigation under Section-173(8) of Cr.P.C. is going on and the statement of some of the card holders are to be recorded, but on that ground the bail application of the applicant may not be rejected and some conditions may be imposed. The applicant is likely to influence upon some of the card holders and witness. It is further submitted that the applicant is not criminal and having no roots in Surat and ready and willing to abide by conditions imposed by this Court. It is further submitted that the applicant is not having any criminal antecedent and he is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, they may be enlarged on regular bail by imposing suitable conditions.