Sureshbhai Ramanbhai Prajapati vs. State Of Gujarat

Facts

This matter concerns a criminal miscellaneous application filed under Section 439 of the Code of Criminal Procedure for regular bail. The applicant, Sureshsinh Ramanbhai Prajapati, is seeking bail in connection with FIR No. 11191043220204 of 2022, registered at Shahpur Police Station, Ahmedabad City, for offences including cheating and forgery under the Indian Penal Code. The prosecution alleges that the applicant's role was to introduce one Mr. Gautam Goklani to the main accused, Pankaj Rajput, for obtaining a GST number. The applicant contends that this was merely an introduction and no direct involvement in fraudulent transactions has been alleged against him by the complainant. The State, represented by the APP, highlighted that during the investigation, numerous other transactions involving the main accused creating GST numbers for various individuals were discovered, with alleged transactions amounting to Rs. 141 crores.

Held

The Court granted regular bail to the applicant, Sureshsinh Ramanbhai Prajapati. The Court considered the limited role attributed to the applicant in the FIR and the charge-sheet, which was primarily introducing individuals to the main accused for generating GST numbers. The Court noted that no specific role in the alleged fraudulent transactions was directly attributed to the applicant. Furthermore, the Court acknowledged that the trial was likely to take a considerable amount of time to conclude. Exercising its discretion in favour of the applicant, the Court allowed the application. The applicant was ordered to be released on bail upon furnishing a personal bond of Rs. 15,000/- with one surety of like amount, subject to several conditions including not misusing liberty, not acting in a manner injurious to the prosecution, surrendering his passport, not leaving India without permission, and providing his residential address to the Investigating Officer and the Court. The Court also directed adherence to COVID-19 related circulars and release only if not required for other offenses.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 439 of the Code of Criminal Procedure, considering his alleged role in facilitating the procurement of GST numbers. The petitioner argued that his role was limited to introducing Mr. Gautam Goklani to the main accused, Pankaj Rajput, for obtaining a GST number. He contended that there was no allegation of him introducing the complainant to the main accused, nor was there any complaint of a fraudulent transaction involving him. The petitioner further submitted that while other transactions were raised by the police to suggest a conspiracy, no specific misuse of GST for generating money was alleged against him, with the primary allegation concerning the misuse of a rent agreement. The State argued that during the investigation, it was revealed that the main accused had created GST numbers for various persons by procuring their identity documents, and alleged transactions of Rs. 141 crores were linked to these GST numbers. The State pointed out that the charge-sheet, based on the statement of Gautam Goklani, indicated that the applicant had introduced him to the main accused for generating GST numbers.