RAKESH RANCHHODBHAI SELIYA (PATEL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive 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-01 of 2018 registered with Khatodara Police Station, Surat City for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

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

(3.) Learned advocate for the applicant submits that the present is a successive bail application after withdrawal of the previous bail application, which was filed before charge-sheet. Learned advocate for the applicant submits that investigation is over and charge-sheet is submitted, and therefore, now there is no possibility of tampering with the evidence. It is submitted that all the relevant documents have been seized by the Investigating Officer. It is further submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. According to learned advocate for the applicant, the applicant is manufacturer of machineries for which he has issued the quotation to the tune of Rs. 3,75,37,000/- on letterhead of M/s. B.R. Manufacturing Machinery and the Bank has considered the said quotation while approving the loan. It is further submitted that many properties were mortgaged with the bank to secure the loan amount. It is further submitted that as per the charge-sheet material, the co-accused Mr.Zaverbhai Bhagwanbhai Khakhariya appears to be borrower and co accused Hemantbhai Patel appears to be guarantor. It is further submitted that except Zaverbhai Bhagwanbhai Khakhariya, all other co-accused have been granted anticipatory bail. It is further submitted that the applicant is having root in District Surat and also having responsibility towards his business as well as family, therefore, there is no likelihood of his running 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. 10,00,000/- before the trial court, but some time may be given to deposit the said amount. It is submitted that such concession given by the applicant may not be construed as admission of guilt on the part of the applicant. It is lastly submitted that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court and, therefore, considering the nature of allegation and gravity of the offence, the applicant may be enlarged on regular bail.