Gujarat High Court
Divyesh Sevaram Purohit vs State Of Gujarat on 20 January, 2025
NEUTRAL CITATION
R/CR.MA/1123/2025 ORDER DATED: 20/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1123
of 2025
==========================================================
DIVYESH SEVARAM PUROHIT
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1
MR ROHAN H. SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 20/01/2025
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 applicant accused has
prayed to release him on anticipatory bail in the event of his
arrest in connection with the FIR being C.R. No.11210015240098
of 2024 registered with D.C.B Police Station, Surat City for the
offences punishable under Sections 406 and 420 of the Indian
Penal Code, 1860.
[2.0] Learned advocate for the applicant submits that the
applicant has nothing to do with the offence and he is falsely
enroped in the offence. It is submitted that the dispute is of
commercial in nature and it has given a cloak of criminality. Even
Section 138 of N.I. proceedings are going on in connection with
the said transactions. Through such fact is suppressed, even
Page 1 of 6
Uploaded by KUMAR ALOK(HC01091) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:56:15 IST 2025
NEUTRAL CITATION
R/CR.MA/1123/2025 ORDER DATED: 20/01/2025
undefined
otherwise, there is iota of evidence qua cheating and criminal
breach of trust. It is submitted that as a part payment, out of
Rs.29 lakh was made and complaint is filed to recover an amount
of Rs.26.24 lakh. Dispute is commercial in nature. No antecedent
is reported against him. Now nothing remains to be recovered or
discovered from the present applicant 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 Additional Public Prosecutor appearing on behalf
of the respondent – State has opposed grant of anticipatory bail
looking to the nature and gravity of the offence. He has
submitted that present applicant is involved in the offence and
he is named in the FIR. He won-over the trust towards making the
part payment, the alleged offence is committed. Rs.26.24 lakh
yet to be recovered and Section 138 proceeding is an
independent proceeding 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
Page 2 of 6
Uploaded by KUMAR ALOK(HC01091) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:56:15 IST 2025
NEUTRAL CITATION
R/CR.MA/1123/2025 ORDER DATED: 20/01/2025
undefined
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 November, 2024;
(3) Prima facie, it appears that offence is registered in
connection with commercial transaction and the applicant
was involved in making the chips in the name and style of
Fairdeal polymer by winning over the trust, he has
purchased the goods of cheaps from the complainant and
initially he has made a payment of the said goods. After
receiving the other delivery of goods on credit, he failed to
make payment of an amount of Rs.26.24 lakh. In this regard
complaint is lodged. Prima facie, it appears that initially
payment was made and transaction was commercial in
nature. Section 138 proceedings being lodged, wherein
dispute qua legally enforceable debt being raised by the
applicant;
Page 3 of 6
Uploaded by KUMAR ALOK(HC01091) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:56:15 IST 2025
NEUTRAL CITATION
R/CR.MA/1123/2025 ORDER DATED: 20/01/2025
undefined
(4) no antecedent is reported against the applicant;
(5) nothing is required to be recovered and discovered from
the accused;
[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 beingC.R. No.11210015240098 of 2024
registered with D.C.B Police Station, Surat City, the 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 29/01/2025 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;
Page 4 of 6
Uploaded by KUMAR ALOK(HC01091) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:56:15 IST 2025
NEUTRAL CITATION
R/CR.MA/1123/2025 ORDER DATED: 20/01/2025
undefined
(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
Section 439(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.-
[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
Page 5 of 6
Uploaded by KUMAR ALOK(HC01091) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:56:15 IST 2025
NEUTRAL CITATION
R/CR.MA/1123/2025 ORDER DATED: 20/01/2025
undefined
is disposed of accordingly. Direct service is permittd.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
Page 6 of 6
Uploaded by KUMAR ALOK(HC01091) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:56:15 IST 2025
[ad_1]
Source link