LATESH Vs. SUNIL CHAMEDIYA

JUDGEMENT

(1.) The applicant has approached this Court for grant of bail in respect of offence registered against him alongwith nine other accused persons, as per FIR dated 31/07/2018, whereby it is alleged that the applicant and other accused persons cheated the complainant and also committed offence of criminal breach of trust and other offences specifically mentioned in the FIR.

(2.) The complainant submitted report in the Police Station leading to registration of the FIR, complaining that the applicant and others caused a person to impersonate him and executed sale deeds in respect of plots belonging to the complainant in favour of the applicant herein. It was claimed that the other accused persons conspired with the applicant herein to commit the aforesaid offence, so that the applicant could further gain by taking huge loan from bank on the basis of the aforesaid sale deeds fraudulently executed in favour of the applicant.

(3.) The applicant in turn claims that he himself was victim of fraud because he was not aware about the co- accused impersonating the complainant as owner of the plots when the transaction was undertaken. It is claimed that since the applicant himself is victim of fraud, it cannot be said that he was party to the offences committed by the other accused due to which the complainant had suffered. On this basis and also on the basis of medical condition, the applicant has approached this Court for grant of bail.