PRAKASHBHAI VINODCHANDRA JAISWAL Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I-11/2018 registered with Karelibaug Police Station, Vadodara for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 474 of the Indian Penal Code.

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

(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 allegation against the present applicant as per the FIR is that the applicant has prepared forged documents and with the use of those documents, the applicant has cheated the complainant. It is further submitted that the applicant has not prepared any forged document or committed any offence as alleged in the complaint. It is further submitted that the applicant is the owner of the property in question and has entered into an agreement to sell on 22.04.2013 with other persons. It is further submitted that the applicant has purchased the property on loan and loan was taken from the Axis Bank. Learned advocate for the applicant, upon instructions received from her client, states that the applicant is ready and willing to deposit an amount of Rs. 10,00,000/-, without prejudice to the rights and contentions, before the concerned Trial Court. Out of the total amount of Rs. 10,00,000/-, the Rs. 2,50,000/- shall be disbursed in favour of the complainant and he has no objection if the amount deposited by the applicant before the concerned Trial Court be disbursed in favour of the complainant. It is also stated upon instruction that the applicant has no objection if the complainant is permitted to withdraw the said amount; but such withdrawal may not be construed as admission of guilt on the part of the applicant. It is also stated that the applicant will not claim refund of the said amount if he is acquitted in future. It is further submitted that the Undertaking to this effect shall be also filed, at the time of executing bail bond, before the concerned Trial Court. It is further submitted that 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.