NITIN JAGDISHCHANDRA SALAT 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 First Information Report being C.R.No.I-81/2017 registered with Chhani Police Station, Vadodara for the offences punishable under Sections 406, 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

(2.) Heard learned counsel for the applicant as well as learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that the applicant is the purchaser and has not committed any fraud as alleged in the FIR. It is further submitted that the applicant is ready and willing to file an Undertaking, within a period of one week from the date of receipt of this order, before the concerned Trial Court to the effect that he is not having any right, title and interest over the land of alleged forged document and he will cooperate to the original land owner as well as the concerned Investigating Officer in respect of cancellation of those documents. It is further submitted that the offence is triable by the Magistrate Court and from the other chargesheet papers as well as the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant 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. It is further submitted that applicant is having roots in District Vadodara and having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.