PATEL KIRTIKUMAR BHUDARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.M.P.Chhabra, learned advocate appearing on behalf of the original complainant has produced affidavit on behalf of the original complainant, which is taken on record.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I- 242 of 2019 registered with Vastrapur Police Station, Ahmedabad for the offences punishable under Sections 323, 406, 417, 420, 506(2), 294(KH), 120B and 114, etc. of the Indian Penal Code.

(3.) It is the case of the applicant that the complainant has executed agreement to sell with the builder on 06/05/2017 however, the property in question was never sold by the builder. It is the case of the applicant that the applicant has purchased the property in question by registered sale deed on 16/11/2018. It is also the case of the applicant that builder has not hatched any conspiracy to take away rights of the complainant, who claims rights pursuant to the agreement to sell dated 06/05/2017. It is also the case of the applicant that for that no civil suit has been filed by the complainant for specific performance of agreement to sell, which was executed on 06/05/2017, till date. It is the case of the applicant that builder has sold another property in similar method by accepting various cheques on 15/11/2018. It is the case of the prosecution that investigation is at verge of completion and therefore, this application may be rejected. It is the case of the complainant that agreement to sell, which was executed on 06/05/2017 prior to the applicant purchased the property in question by registered sale deed on 16/11/2018. Till then, the complainant has not reveled any relationship between the builder and the applicant.