Ajay Kedarnath Chaturvedi vs State Of Gujarat on 26 November, 2020

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Gujarat High Court

Ajay Kedarnath Chaturvedi vs State Of Gujarat on 26 November, 2020

Bench: Gita Gopi

       R/CR.MA/15239/2020                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 15239 of 2020

==========================================================
                      AJAY KEDARNATH CHATURVEDI
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR R.R. MARSHAL SENIOR ADVOCATE WITH MR DAIFRAZ HAVEWALLA
ADVOCATE for the Applicant(s) No. 1
MR J.K. SHAH APP(2) for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 26/11/2020

                             ORAL ORDER

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR No.11191023201482 of 2020 registered with Vadaj Police Station, for offences punishable under sections 420, 465, 467, 468, 471, 120B of IPC.

2. Mr. R.R. Marshal, learned senior advocate with Mr. Daifraz Havewalla, learned advocate for the applicant submitted that the offence has been committed by the co-accused. The applicant was arrested on 17.09.2020. All the documents which were in the custody of the Bank has been taken by the police. He submitted that the allegation is of creating forged documents for procuring bank loan in the name of the applicant on the property of the complainant. The same came to the knowledge of the complainant when the bank official came for personal inspection of the property. Mr. Marshal, submitted that there is no monetary loss to the bank, as no loan was disbursed. He Page 1 of 3 Downloaded on : Fri Nov 27 03:32:16 IST 2020 R/CR.MA/15239/2020 ORDER stated that there is no criminal antecedent against the applicant. He is a tax payer and as the documents have been seized, nothing more remains to be investigated by the police. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

3. Mr. J.K. Shah, learned Additional Public Prosecutor, submitted that the fraud has been committed by the accused and others and investigation is yet to be concluded, as the police apprehends the involvements of other persons also. He stated that if the present applicant will release on bail, he may hamper the investigation. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

4. Heard learned advocates on both the sides and perused the material on record. Taking into consideration the fact that the offence is based on the forged documents and the investigation is is on those documents and as substantial investigation in relation to the applicant has been concluded, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR No.11191023201482 of 2020 registered with Vadaj Police Station on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

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          R/CR.MA/15239/2020                                           ORDER



[b]     not act in a manner injurious to the interest of the
prosecution;
[c]     surrender passport, if any, to the lower court within a
week;
[d]     not enter Ahmedabad till filing of the charge-sheet;
[e]     not leave India without prior permission of the concerned
trial court;
[f]     furnish     the       present      address    of   residence        to      the

Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

[g] not hamper the investigation;

6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(GITA GOPI,J) DRASHTI K. SHUKLA Page 3 of 3 Downloaded on : Fri Nov 27 03:32:16 IST 2020

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