AMITKUMAR JASHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11215037210725 of 2021 registered with Vidhyanagar Police Station, Anand for offences punishable under Sec. 406 , 409 , 420 , 419 , 465 , 467 , 468 and 471 of IPC.

(2.) Mr. Mohd. Shahrukh M.Saiyad, learned advocate for the applicant submitted that, there is no mens rea of the present applicant to cheat any of the person and the money was taken from the witnesses for procuring student VISA; unfortunately the applicant himself could not succeed and therefore an FIR has been filed by the complainant for the alleged money of Rs.9,96,000.00. Mr. Saiyad submitted that during the course of investigation, the statement of other witnesses were recorded and at present the chargesheet shows the amount of Rs.34,22,565.00 as recoverable money. Mr. Saiyad stated that the applicant was sincerely making his efforts for getting student VISA, but because of some failure in the process he could not help the victims and at present Mr. Saiyad states that the present applicant is ready and willing to return the money to the victims, but being in jail he is not in a position to make provisions for the money, therefore, under instruction, Mr. Saiyed states that 50% amount would be paid by the applicant within a month and if the Court would give reasonable time for the rest of the money to be deposited, the applicant is ready and willing to do so. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Mr. M.R. Yagnik, learned advocate for one of the victim submitted that, the victims are parents of the students and for the future of the students they would be requiring the money.