NITABEN JASHWANTBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Sabarmati Police Station vide I- C.R.No.52/2019 for the offences punishable under Sections 406, 420, 170, 120B and 114 of the Indian Penal Code.

(2.) The learned advocate appearing on behalf of the applicant submits that names of original accused no.2-Sejalben @ Pinkiben wife of Rajkumar Sharma and original accused no.4-Ashaben Prajapati are mentioned in the FIR, who have played grave role, but above mentioned both the accused are released on bail by the learned Trial Court, whereas the present applicant has played lesser role than the above mentioned two accused as mentioned in the FIR and the amount has not been recovered from the present applicant, who is lady aged about 60 years old. Considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) The learned APP appearing on behalf of the respondent-State has submitted that original accused no.2-Sejalben @ Pinkiben wife of Rajkumar Sharma and original accused no.4-Ashaben Prajapati, who are released on bail, have played some different role and they have collected money from their relatives, whereas the present applicant has collected the amount from unknown persons public at large and the amount of the offence is increasing day by day and therefore, he has opposed grant of regular bail looking to the nature and gravity of the offence. He has further prayed to dismiss the present application.