Ramabhai Dhanabhai Vanakar vs. State Of Gujarat

Held

The Court held that the applicant was entitled to regular bail. The Court considered the FIR registration date (June 12, 2019) and the alleged offence date (February 19, 2018), the applicant's custody period since August 19, 2019, and the completion of the investigation concerning the applicant. The Court noted the applicant's submission that his role was limited to supplying a quotation and that he had deducted Rs. 3,20,000/- towards GST, which he was willing to deposit. The absence of any other reported antecedents and the inability of the prosecution to present special circumstances against the applicant were also considered. The Court relied on the principles laid down in Sanjay Chandra v. Central Bureau of Investigation. Prima facie, the Court found it a fit case to exercise discretion and enlarge the applicant on bail. The applicant was ordered to be released on bail upon furnishing a personal bond and surety, subject to several conditions, including depositing Rs. 3,20,000/- within four weeks and filing an undertaking. The trial court was cautioned not to be influenced by the preliminary observations made by the High Court.

Facts

The applicant, Ramabhai Dhanabhai Vanakar, filed an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973. The bail was sought in connection with FIR registered as C.R. No.I-005/2019 with C.I.D. Crime Border Zone Bhuj Police Station for offences under Sections 406, 420, 409, 120B, and 114 of the Indian Penal Code. The FIR was registered on June 12, 2019, for an alleged offence that took place on February 19, 2018. The applicant had been in custody since August 19, 2019. The investigation concerning the applicant was stated to be over. The applicant's role was alleged to be supplying a quotation based on which a co-accused received a loan, and subsequently, the co-accused transferred the loan amount to various accounts after deducting Rs. 3,20,000/- towards GST. The applicant was willing to deposit this amount.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 439 of the CrPC, considering the nature and gravity of the alleged offences under Sections 406, 420, 409, 120B, and 114 of the IPC? Petitioner's Argument: The applicant argued that considering the nature of the offence, he may be enlarged on regular bail by imposing suitable conditions. Specifically, the applicant's role was limited to supplying a quotation, and he had deducted Rs. 3,20,000/- towards GST, which he was willing to deposit. No other antecedents were reported. Revenue's Argument: The respondent-State opposed the grant of regular bail, citing the nature and gravity of the offence. However, the learned Additional Public Prosecutor, under the instructions of the Investigating Officer, was unable to bring on record any special circumstances against the applicant.