VIPULBHAI DEVJIBHAI PATEL (CHOVADIYA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for releasing the applicant on regular bail in connection with C.R.No.I-18 of 2019 registered with Bopal police station for the offence punishable under Sections 406, 420, 409, 506(2) read with Section 114 of Indian Penal Code.

(2.) Heard learned senior counsel Mr.S.V.Raju assisted by learned advocates Ms.Trusha Patel, Mr.B.N.Limbachia and Ms.Zeal Shah for the applicant, learned Additional Public Prosecutor Mr.J.K.Shah for the respondent-State and learned senior counsel Mr.Y.N.Oza assisted by learned advocate Mr.Ankit Shah for the respondentcomplainant.

(3.) Learned senior counsel Mr.Raju for the applicant referred to the allegations made against the applicant in the FIR in question and contended that the original complainant has suppressed the material fact while filing the FIR. It is alleged in the FIR that as per the agreement, 11 flats, details of which are referred in the FIR are agreed to be sold to the complainant, however, the applicant has not executed the sale deed in favour of the complainant. It is further alleged in the FIR that so far as the flat no.D-503 is concerned, though it is mentioned in the agreement that it is to be sold to the complainant, the applicant has executed sale deed in favour of one Snehaben Jitendrakumar Bhavsar and Jitendrakumar Sudhakar Bhavsar. It is, therefore, alleged by the complainant that the applicant and other co-accused have committed the offences punishable under Sections 406, 420, 409, 506(2) and 114 of the Indian Penal Code.