Pranav Raksheshbhai Trivedi vs State Of Gujarat

     R/CR.MA/15178/2022                                   ORDER DATED: 30/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15178 of 2022

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                          PRANAV RAKSHESHBHAI TRIVEDI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR ABHIRAJ R TRIVEDI(5576) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                Date : 30/01/2023

                                  ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused no.1 has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being CR No.11196010220012 of 2022 registered with the D.C.B. Police Station, District Vadodara City for the offence punishable under Sections 386, 406, 420, 294(B), 506(2) and 114 of the Indian Penal Code, 1860 and under Sections 39 and 40 of the Gujarat Money Lenders Act, 2011.

2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the Page 1 of 6 Downloaded on : Tue Jan 31 20:51:13 IST 2023 R/CR.MA/15178/2022 ORDER DATED: 30/01/2023 applicant is available during the course of investigation and will not flee from justice. It is further submitted that the applicant is doing a legal business of money lending and having registration number thereof and is having licence to do such business. Thus, he had given finance to the complainant firm to the tune of Rs. 9,09,000/- along with interest of RS. 13,10,358.60, for which, the complainant had singed the vouchers and had given post dated cheques which are written by the parties who have filed the criminal case. It is submitted that after obtaining huge amount from the applicant, the complainant has lodged fabricated and concocted FIR, in order to avoid making payment of the same. It is also submitted that the applicant had initiated criminal proceedings under Section 138 of the Negotiable Instruments Act against the complainant and three others belonging to the complainant side and had also given legal notice and filed the case under the provisions of N.I. Act.

3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that Page 2 of 6 Downloaded on : Tue Jan 31 20:51:13 IST 2023 R/CR.MA/15178/2022 ORDER DATED: 30/01/2023 upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open. That, the police has not made preliminary investigation as directed under Sections 41 and 41(A) of the Code of Criminal Procedure. That, applicant is not having any criminal antecedent in the past. Ultimately, it was submitted by learned advocate for the applicant to allow present application.

4. 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. It is submitted that the applicant had repeatedly demanded the so called outstanding amount from the complainant and also threatened him and his family for facing dire consequences and as a result of such harassment, the complainant had tried to commit suicide. It is further submitted that the applicant has not only cheated and defrauded money from the complainant alone but also cheated and defrauded money from others. It is submitted that the investigation is at the initial stage and if the applicant is granted anticipatory bail, the same would adversely affect the investigation. That, applicant is involved in the serious offence as alleged and therefore, no lenient view be taken in favour of the applicant. It is further submitted that other Page 3 of 6 Downloaded on : Tue Jan 31 20:51:13 IST 2023 R/CR.MA/15178/2022 ORDER DATED: 30/01/2023 persons involved in the alleged offences are yet to be arrested and therefore considering the allegations made in the FIR and for reaching the root of the offence, interrogation of the applicant is required. Otherwise, effective police investigation cannot be proceeded further and the case of the applicant does not fall within the exception and therefore, it was requested by learned APP for the respondent-State to reject present application.

5. I have considered the allegations leveled against the present applicant in the FIR and perused the papers of investigation and considered the role played by the applicant.

6. Having heard the learned counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, it appears that the present application has been filed by the applicant with an apprehension of his arrest in connection with FIR being CR No.11196010220012 of 2022 registered with the D.C.B. Police Station, District Vadodara City. It appears from the conclusion of the learned Sessions Court while rejecting the anticipatory bail application filed by the applicant that the applicant and other co-accused have also cheated other innocent public and also extorted extra amount in pursuance of their modus operandi and conspiracy.

R/CR.MA/15178/2022 ORDER DATED: 30/01/2023 It further appears that to intimidate the complainant and other borrowers, the applicant used to engage goons and called them and threatened them. The learned court below has also taken note of the fact that the present offence is registered under the Indian Penal Code so also under Gujarat Money Lenders Act and the applicant is allegedly rich and powerful person and there is a possibility of the applicant making himself scarce. The learned court below had also considered the modus operandi of the applicant and involvement of the applicant in similar economic offences and therefore, it appears that the applicant-accused has committed a serious offence and therefore, custodial interrogation of the applicant is required as well as there is prima facie case against the present applicant.

7. This Court, is fully aware that the rule and law of bail but, at the time of deciding the bail applications, the Court, have to consider the gravity of offence as well as role played by the applicant-accused in the offence because every case has its own facts and circumstances and in the present case, from the record available as well as from the affidavit of the investigating officer and conclusion of the learned trial court, it can be seen that a specific role attributed to have been played Page 5 of 6 Downloaded on : Tue Jan 31 20:51:13 IST 2023 R/CR.MA/15178/2022 ORDER DATED: 30/01/2023 by the applicant, clearly emerges from the record itself and the prima facie case is made out against the present applicant. This Court, is not inclined to exercise its discretion to grant anticipatory bail, in disregard of the magnitude and seriousness of the matter, as it may not only hamper upon the investigation, but also convey adverse impact on the society with regard to such economic offence. Thus, present application requires to be rejected.

8. Before parting with this judgment, it is hereby clarified that the aforesaid observations made in this order have been made for the purpose of considering the present application for anticipatory bail. Therefore, same shall not come in the way of the trial court for considering the application that may be filed by the applicant-original accused no.1 for regular bail or at the time of trial and the trial court concerned shall not be influenced by the observations made hereinabove.

9. In the result, this application is rejected. Rule stands discharged. Interim relief, if any, granted earlier stands vacated.

(SAMIR J. DAVE,J) K. S. DARJI Page 6 of 6 Downloaded on : Tue Jan 31 20:51:13 IST 2023