BHARATBHAI MOHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-158/2019 with Kapodara Police Station, Surat for the offence punishable under Sections 406, 420, 114 and 120(B) of the Indian Penal Code.

(2.) Learned Senior Counsel appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Learned Senior Counsel for the applicant has also drawn attention of this Court to the details given alongwith further affidavit to indicate the statistics about the number of persons who have booked the Flats with the applicant and such persons who are potential victims have already given an Affidavit to the effect that they have faith that the applicant would complete the ongoing project and hand over possession after carrying out the necessary formalities with the concerned authorities. Learned Senior Counsel for the applicant also draws the attention of this Court to the Affidavit filed by the original owner of the land on which the Project is coming upon to indicate that in due course, an amount of Rs.7 Crores and odd have already been paid towards consideration for purchase of land. It is further submitted that the applicant is ready and willing to file an Undertaking before this Court that incase of the Project not coming up, the applicant would be refund the amount paid by the respective witnesses / persons who have booked the Flat in Scheme of the applicant and such Undertaking will be filed within one week of his release.

(3.) On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence Learned Additional Public Prosecutor opposes the application on the ground that the affidavit of the victims / witnesses does not indicate about they being aware of the fact that the project is being undertaken on an agricultural land.