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Judgment
Niral R. Mehta, J
Heard Ms.Bhakti Joshi, learned advocate for the applicant and learned Additional Public Prosecutor Mr.J.K. Shah for the respondent-State.
This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 seeking, inter alia, regular bail in connection with the F.I.R. dated 21st May, 2021 bearing C.R. No.11216007210243 of 2021 for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code registered with Gandhinagar Sector 21 Police Station.
As per the case of the prosecution, in nutshell, the applicant is claiming proximity with higher officials in police department and thereby promised the complainant to get appointment in police department for consideration of Rs.03,50,000/-. Accordingly, the complainant has paid a sum of Rs.03,00,000/- through one Ramsinhbhai to the present applicant. In turn, the applicant has handed over one appointment letter dated 21st October, 2019 signed by IPS Gnanendrasinh Malik, Police Superintendent, Lok Rakshak Bharti Board, Vadodara. After giving such appointment order, the present applicant has asked the complainant to resume his duty after he gives intimation.
3.1 Since no intimation was given, complainant was pursuing with the applicant herein and therefore, again, another appointment letter dated 22nd February, 2020 came to be issued duly signed by IPS Saurabh Singh, Superintendent of Police, Junagadh, directing the complainant to remain present in training centre. Thereafter Identity Card No.723 dated 10th September, 2020 of police department duly signed by IPS Shri Ravi Teja, Deputy Commissioner of Police, Zone 5, Ahmedabad City, with round seal came to be issued by the applicant. However, the complainant was not intimated about resuming service.
3.2 Thus, upon inquiry, it came to the notice that as many as 40 persons like the complainant came to be duped by the present applicant and thus the F.I.R. came to be filed against the present applicant.
3.3 Pursuant to the said F.I.R. the applicant came to be arrested on 23rd May, 2021 and thereafter the investigating agency has filed chargesheet against the present applicant. The applicant thereafter has approached learned Sessions Court by way of Criminal Miscellaneous Application No.210 of 2022 for releasing him on regular bail, which came to be rejected by learned In-charge Principal Sessions Judge, Gandhinagar, by order dated 16th February, 2022.
3.4 Being aggrieved by the aforesaid order, present application under Section 439, Cr.P.C., came to be preferred by the present applicant seeking, inter alia, regular bail.
Ms.Joshi, learned advocate for the applicant, has submitted that the present applicant has not committed any offence and he has been falsely implicated. Ms.Joshi further submitted that considering the chargesheet papers, chance of conviction is very less in nature and thereby during the pendency of the trial, the present applicant be released on bail. She submitted that the entire F.I.R. is concocted and applicant has been falsely implicated in the offence in question on the basis of suspicion. Lastly, Ms.Joshi submitted that co-accused in connection with the same F.I.R. have been released on bail by the Coordinate Bench of this Court and thereby the present applicant may also be considered for regular bail on the ground of parity.
4.1 By making the above submissions, learned advocate for the applicant prayed this Court to release the present applicant on regular bail.
4.2 Per contra, learned Additional Public Prosecutor has vehemently opposed the present application contending that the applicant is involved in a serious offence in which not only he has duped as many as 40 persons, but also forged and fabricated signatures and seals of higher official such as IPS officers. Learned Additional Public Prosecutor submitted that huge amount has been credited in the bank account of the present applicant which substantiate the allegation made in the F.I.R. He further submitted that the investigating officer has also collected CDR of phone calls between the applicant and other persons to whom promises were made which further substantiates the allegation made in the F.I.R. and according to Mr.Shah, learned Additional Public Prosecutor, therefore, role played by the applicant is direct and active.
4.3 By making above submissions, learned Additional Public Prosecutor has prayed this Court to dismiss the present application.
I have heard learned advocates for the respective parties and have perused the F.I.R. and the chargesheet papers in detail. No other and further submissions have been canvassed by respective learned advocates except what are stated hereinabove.
Having perused the F.I.R. and the investigation papers, it appears to be serious scam designed by the present applicant by forging and fabricating letterheads and the seals of higher officials of police department. It further appears that the applicant has also collected huge amount and the said amount has been credited in his bank account. The role of the present applicant appears to be direct and active. Even CDR of phone calls collected by the investigating agency substantiates allegation that the present applicant is the main accused.
6.1 So far as the ground of parity is concerned, those who are released on bail by the Coordinate Bench of this Court, on the contrary, are the victims of the scam floated by the present applicant and importantly, Coordinate Bench of this Court, while releasing Poojaben, wife of the present applicant, has observed that real act is performed by the present applicant. In view of the aforesaid facts, the present applicant cannot claim parity with those who are released by the Coordinate Bench of this Court.
For the foregoing reasons, present application deserves to be dismissed. Accordingly, it is dismissed. Rule is discharged.