Gujarat High Court
Vikash Gajanand Sharma vs State Of Gujarat on 6 February, 2025
NEUTRAL CITATION
R/CR.MA/24857/2024 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 24857
of 2024
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VIKASH GAJANAND SHARMA
Versus
STATE OF GUJARAT
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Appearance:
MR RR MARSHALL SENIOR ADVOCATE with MR P P MAJMUDAR(5284)
for the Applicant(s) No. 1
MR JAL S UNWALA, SENIOR ADVOCATE with PANKEET P
AUNDHIYA(9421) for the Respondent(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/02/2025
ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 - State of Gujarat.
[1.0] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused has prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11191011240280 of 2024 registered with DCB Police Station, Ahmedabad City for the offences punishable under Sections 406, 409, 420 and 120B of the IPC.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The alleged incident took place between May, 2023 to June, 2024 and complaint is filed belatedly in the month of October, 2024, Page 1 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:27:50 IST 2025 NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined wherein it is alleged that the present applicant has received stock of paracetamol power worth Rs.2,00,75,060/-, on credit, but the amount of said stock is not paid to the complainant. With a view to rather make recovery proceedings, the civil nature of dispute has given cloak of criminality and complaint is registered. Now nothing remains to be recovered or discovered from the present applicant. Upon instructions, learned advocate has submitted that pursuant to the order dated 03.02.2025, passed by this Court, the applicant has deposited an amount of Rs.15 lakh out of 35 lakh before the learned City Civil & Sessions Court, Ahmedabad and to show his bona fide, without prejudice to his rights and contentions, applicant is ready and willing to deposit remaining 35 lakh and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
[3.0] Learned Senior Advocate Mr. Mr Jal S Unwala with learned advocate Mr.Pankeet P Aundhiya and learned Additional Public Prosecutor appearing on behalf of the respondent - State have opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that applicant is involved in similar type of offence and has used similar modus operandi to commit the offence. Though he has given undertaking and he has paid the amount belatedly and his intention is very clear. Applicant is having similar type of antecedent. It is submitted that he has purchased huge stock of paracetamol power worth Rs.2,00,75,060/- from the complainant on credit and sold it in the Page 2 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:27:50 IST 2025 NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined market and obtained benefit, the said amount has not been paid by him. If he released on bail, then possibility cannot be ruled out to tamper with the evidence and hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.
[4.0] Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon'ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects.
(1) Offence is not punishable with life imprisonment or death penalty;
(2) Alleged offence is of May, 2023;
(3) Prima facie, the alleged transactions appears to be Page 3 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:27:50 IST 2025 NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined commercial transaction. The allegations against the applicant is that he purchased stock of paracetamol power worth Rs.2,00,75,060/- from the complainant on credit and sold it in the market and obtained benefit and the said amount has not been paid by him to the complainant. (4) Nothing is required to be recovered and discovered from the accused;
(5) Without prejudice to his rights and contentions, to show his bona fide, applicant is ready and willing to deposit remaining amount of Rs.35 lakh within 3 months from the date of receipt of this order before the concerned Trial Court/Sessions Court and he is ready and willing to join the investigation;
[5.0] Considering the aforesaid aspects and the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application.
[6.0] In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with the FIR being C.R. No.11191011240280 of 2024 registered with DCB Police Station, Ahmedabad City, the Page 4 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:27:50 IST 2025 NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that applicant :
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 13/02/2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicant;
(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;
(g) an order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the person who seeks and is granted pre-
arrest bail;
(h) It is open to the police or the investigating agency to move the learned trial Court for a direction under Page 5 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:27:50 IST 2025 NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined Section 483(2) to arrest the accused, in the event of violation of any term, such as absconding, non- cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.-
(i) The applicant has shown his bona fide by filing an undertaking stating that he will pay an amount of Rs. 35 lakh within 3 months from the date of receipt of this order before the concerned trial Court/Sessions Court, failing which the learned trial Court shall have the liberty to issue a warrant and cancelthe bail granted to the applicant;
[7.0] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
[8.0] Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 6 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:27:50 IST 2025