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IN THE COURT OF 2ND ADDITIONAL SESSIONS JUDGE, DAHOD.

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Criminal Misc. Application No. 627 of 2024

Exh.

Applicant : Vijaybhai Ramsubhai Damor

Age : 45 years, Occupation: Service

Residing at: Jivandeep Society,

Jhalod Road, Dahod.

Permanent Resident : At. Vagela, Patel Faliyu,

Tal. Jhalod, Dist. Dahod.

Versus.

Opponent : The State of Gujarat.

Through : Ld. A.P.P. Dahod.

Application under Section 483 of BNSS - 2023 for Regular Bail.

APPEARANCE:

Ld. Advocate for the Applicant : Mr. AR. Chauhan

Ld. A. P. P. for the Opponent -State : Mr. JR. Lalpurwala

:: J U D G M E N T ::

Criminal Misc. Application No. 627 of 2024

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1. Present application is preferred by the applicant under the provision of

Section 483 of Bharatiya Nagrik Suraksha Sanhita-2023 seeking
Regular bail.

2. An offence punishable under Sections 406, 409, 420, 465, 467, 468, 471,
472, 34, 120(B) of the Indian Penal Code has been registered against the
applicant/accused before the Dahod Town 'B' Division Police Station
vide Part 'A' Crime Registration No. 11821053240675/2024.

3. Ld. Advocate Mr. AR. Chauhan appearing on behalf of the

applicant/accused has submitted that the applicant is arrested on
14.06.2024 and since then, he is in judicial custody.

4. Ld. Advocate Mr. AR. Chauhan has further submitted that the present
applicant is innocent and he is wrongly roped into the present offence.
Mr. Chauhan has also submitted that, present applicant-accused is
the first informer of the incident i.e. Complainant and subsequently,
the investigating officer has wrongly implicated the present applicant
as an accused.

5. Ld. Advocate Mr. Chauhan for the applicant-accused has further

submitted that whole allegation of the prosecution is rested upon the
issuance of Bogus and concocted N.A. Order and further transactions
thereon. Mr. Chauhan has submitted that, as per the case of the
prosecution, the applicant has prepared forged Order of N.A. and the
co-accused persons have used this Bogus and forged N.A. Order and
also executed further transaction and thereby caused loss of the
amount of Premium to the Government and cheated the buyers of the
property, but, looking to the Charge Sheet papers, no supportive
Criminal Misc. Application No. 627 of 2024
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evidences have been collected against the accused and therefore, since
the Charge sheet is filed, accused is required to be released on bail.

6. Ld. Counsel Mr. Chauhan also submitted that as per the Charge sheet
papers, the role of the applicant-accused is narrated in the manner
that, he has certified the Bogus N.A. Order as an Authentic
Government Order and no any allegation against him that, accused
has forged and concocted the Bogus N.A. Order and therefore also
there is no need to keep the accused behind the bar. It is further
contended that the applicant/accused is resident of the address shown
in the cause title and abide by all the condition imposed upon him.

7. Ld. Counsel Mr. Chauhan also submitted that the investigation is

completed and charge sheet has been filed against the applicant and
Criminal Case No. 3565/2024 is pending before the Court and this is
first bail application of the applicant, therefore, if the applicant will
be released on bail, there is no chance of tampering with the evidences.
Moreover, the applicant-accused will abide by all the conditions likely
to be imposed by the Court. In last, Mr. Chauhan has urged to release
the applicant on regular bail.

8. Per contra, Ld. A.P.P. Mr. JR Lalpurwala along with the I.O. Mr.
Bhandari, Dy.S.P., Dahod have strongly objected the present bail
application and submitted that the applicant-accused is involved in a
serious offence punishable u/s. 406, 409, 420, 465, 467, 468, 471, 472, 34,
120(B) of the Indian Penal Code. He has further submitted that the
applicant-accused is Government employee and was working as

Criminal Misc. Application No. 627 of 2024

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Chitnish with the Government Office and though having knowledge

that the Order of N.A. was not authentic or genuine rather is was
forged, applicant-accused has certified the same and wrongly
forwarded to the Office of Executive Magistrate which is sufficient to
show that, prima-facie case is made out against the applicant-
accused.

9. It is also submitted that, the evidence regarding transaction with the

another accused have found from the officer Computer of the
applicant-accused and from the mobile Chat of the applicant-accused,
it is found that he has forwarded the forged N.A. order to the main
accused. Mr. Bhandari, Dy.S.P., Dahod has also submitted that,
present applicant-accused being a Government Officer, certified the
Bogus N.A. Order as genuine one and taking benefit of the same, the
prime accused and other co-accused has wrongly gained money and
also caused loss to the Government. In last, Ld. A.P.P. Mr. Lalpurwala
has relied upon the affidavit filed by Police and submitted to reject the
present regular bail application.

10. I have heard the arguments of both the side and perused record,
specifically the contents of the affidavit filed along with the
investigation papers as well as the F.I.R. In view of the arguments
advanced by the Ld. Counsels, it is settled position of law that, while
deciding bail application, two aspects in form of individual liberty
and social interests are required to be considered simultaneously. The
object of bail is neither punitive nor preventive. The jurisdiction to
grant or reject bail has to be exercised on the basis of well settled
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principles having regard to the circumstances of each case and not in

arbitrary manner. It is also required to note that, at the time of
deciding the bail application, Court is not required to appreciate and
scrutinize the evidence in great detail but, at the same time Court is
required to see prima facie case or involvement, relevant factors like
nature of offence, manner in which the offence has been committed,
role attributed and circumstances are required to be considered.

11. There is direct presumption that the accused would not temper with the
witness or evidence, if he will be enlarged on bail. The basic principle
of deciding bail application are that (i) whether there is prima-facie
case and (ii) if there is prima-facie case the accused would temper
with the prosecution evidence or he may flee from the trial. The object
of the bail application is to secure the appearance of the accused
during entire completion of investigation as well as trial.

12. In view of the same let me here point out that, as per the say of
prosecution, present applicant-accused is originally the complainant
on whose complaint the whole investigation has been ignited. But,
during the investigation, it revealed that, the applicant-accused has
played pivotal role in authenticating the Bogus NA Order to be genuine
which ultimately economically profited to the prime accused as well as
present applicant-accused. The Prosecution case is mainly based on the
fact that, the applicant-accused is the Government employee, working
as I/c. Chitnish of Revenue Branch of District Panchayat and has
actively participated in the conspiracy with the co-accused who
allegedly got concoted the forged Non-Agricultural land Order and

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taking dis-advantage of the authority the present applicant-accused

possessed by virtue of Govt. post, authenticate said forged NA Order
and on the basis of the same, the co-accused persons have generated
Property Card and sold the plots to various innocent buyers and by this
act they have cheated the Revenue Authority. Further, creeping through
the allegations leveled against present accused as well as others, it
prima-facie appears that, accused was not on passive mode. Having
knowledge of the genuiness of the forged document and participation
by sharing the same in Chats with the prime accused from the office
computer is sufficient to believe the role of accused in the crime. As
stated by the Ld. Advocate Mr. Chauhan that, the accused has only
certified the order of N.A. order, but, by using this certified order of
forged N.A. the co-accused persons have generated Property Card and
sold the plots to various innocent buyers. Applicant-accused is a
Government Servent shouldered with pious duty to serve the society
where he failed and therefore, role of the accused can not be parted
out from the role of others. It is sufficient to believe the contentions of
the Ld. APP that, if the applicant is released on regular bail, the
applicant may aid the co-accused persons and chances of tempering or
hampering with the prosecution evidence can not be put aside.

13. It is worth to note that, conspiracy is always a game behind the veil
and therefore, submission of the Ld. Counsel for the accused that there
is no direct evidences that connects the accused with the crime has no
force more particularly when incriminating evidences against the
accused are gathered and Charge Sheet is filed. Further, admittedly
charge sheet has been filed against the present applicant and Criminal
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Case No.3565/2024 is pending before the Court, but merely filing of

Charge sheet does not dilute the gravity of offence more particularly
when the accused-applicant is facing serious charges. On the contrary,
filing of the charge-sheet is sufficient to believe that after due
investigation by the investigating officer on collection of incriminating
evidences against the accused, has placed the charge-sheet for trial
before the Court.

14. Thus, considering the allegation in the FIR, investigation papers, the
role of the applicant, punishment prescribed for the offences and
submissions advanced on behalf of both the sides, this Court does not
deem it fit to exercise discretion in favour of applicant/accused and
therefore, the following final Order.

:ORDER:

Present Criminal Misc. (Regular Bail) Application No. 627 of 2024 of

the applicant/accused – Vijaybhai Ramsubhai Damor, is hereby
rejected.

Pronounced and Signed today i.e. 05th November, 2024.

Date : 05/11/2024. (D. J. Mehta)

Place : Dahod 2nd Additional Sessions Judge,
Dahod.
[UIC No. GJ-00666]
H. J. Rathod

Criminal Misc. Application No. 627 of 2024