ASHOKBHAI JAYNTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11191048212301 of 2021 registered with Sarkhej Police Station, District Ahmedabad for the offences under Ss. 365 , 386 , 143 , 144 , 149 , 323 , 324 , 114 , 506(2) and 294(b) of the Indian Penal Code, 1860 (for short "the IPC ") and under Sec. 135 of the Gujarat Police Act.

(2.) The aforesaid F.I.R came to be registered alleging that on 24/12/2021, the accused had formed an unlawful assembly, and abducted the first informant in an Innova car, and thereafter took him to different places, and when they reached near K.D. Party Plot at Sarkhej, in open space, the applicant inflicted the knife blow on the left hand of the first informant, and verbally and physically abused him. It is further alleged that thereafter, the first informant was taken to his office, and thereby was forcefully constrained to deliver four cheques worth Rs.80,00,000.00 and he had also handed over cash of Rs.3,00,000.00 to the applicant.

(3.) Learned advocate Mr.Nair appearing for the applicant has submitted that in fact the entire story is concocted in order to escape from the liability of payment due to the applicant by the first informant. He has submitted that no injury certificate has been produced by the first informant and there are series of FIRs filed against the first informant by the creditors. He has also referred to the statement at Page No.86 and has also invited the attention of this Court to the fact that there were various cheques issued for the amount of Rs.1,00,00,000.00 by the first informant, out of which few were honoured . It is submitted that the ingredients of "Abduction", "Extortion", "Criminal Intimidation", "Injury", "Common Object", "Unlawful Assembly" or "Causing Alarming situation" for constituting the offence punishable under Ss. 365 , 386 , 143 , 144 , 149 , 323 , 324 , 114 , 506(2) and 294(b) of the IPC and under Sec. 135 of the Gujarat Police Act are not made out.