MANAN HEMENDRABHAI BHIMPURIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Misc. Application is filed under Section 438 of the Code of Criminal Procedure for seeking anticipatory bail in connection with the FIR, being C.R. No.I-02 of 2020 lodged before CID (Crime) Ahmedabad Zone dated 6.3.2020 for the offences punishable under Sections 406, 409, 420, 465, 294(b) and 506(1) of the Indian Penal Code.

(2.) The case of the prosecution basically in a very summarized form is that the present applicant-accused along with other investors have induced the complainant and the other persons to invest money in share market and in lieu of such investment, sizable amount of return is guaranteed and thereby, by such inducement, secured money from the complainant and other persons and utilized the same for his private purpose and thereby committed an offence of criminal breach of trust, cheating and the offences, as alleged in the complaint. Detailed narration is reflected in the FIR, but with a view to avoid unnecessary burden, entire narration is not incorporated at length in the present order.

(3.) In response to this complaint, on apprehension of being arrested, Criminal Misc. Application No.3043 of 2020 was filed before learned City and Sessions Judge, Ahmedabad, which came to be rejected vide order dated 23.6.2020. As a result of this, the applicant-accused has approached this Court by way of the present application.