ISHVARBHAI JETHABHAI ITALIYA 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-23/2017 registered with Kim Police Station, District Surat Rural, for the offences punishable under Sections 465, 467, 468, 471, 406, 420, 102(B) and 114 of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is submitted that allegation against the applicant is that he has prepared bogus power of attorney in collusion with accused Atulbhai Gandabhai Usaddiya, and thereafter sale deed came to be executed, however the applicant has not prepared such power of attorney or sale deed. It is further submitted that the FIR has been quashed qua 07 co-accused by the Co-ordinate Bench of this Court vide order dated 06.10.2017 and the co-accused namely Atulbhai Gandabhai Usaddiya, who is beneficiary of the alleged transaction, has been enlarged on anticipatory bail by the Co-ordinate Bench of this Court vide order dated 06.06.2017. Moreover, charge-sheet is submitted, and therefore, now, there is no possibility of tampering with the evidence. It is further submitted that the applicant is having root in Surat District and also having responsibility towards his family, therefore, there is no likelihood to his run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. Learned advocate for the applicant, upon instructions, states that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs.10,000/- before the trial Court at the time of executing bail bond, and he has no objection if the said amount be disbursed in favour of the complainant. It is also stated that the applicant will not claim refund of the said amount, if he is acquitted in future. It is lastly submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.