Sessions Court, Ahmedabad: In an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by The Hindu journalist Maheshbhai Prabhudan Langa in an FIR filed against him for cheating and criminal breach of trust, the Single Judge Bench of Hemangkumar Girishkumar Pandya, J., granted him bail stating that there is no possibility of him fleeing and since the dispute is primarily of civil nature.
Mahesh was taken into judicial custody because an FIR was registered against him under Section 316(2) (criminal breach of trust) and 318 (cheating) of the Bharatiya Nyaya Sanhita, 2023. Subsequently, he filed the present anticipatory bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 claiming that he had been falsely implicated and had taken the money for his consultancy services.
After considering the arguments of both parties, the Court noted that the contents of the FIR state that the complainant operates a business called Khushi Advertising Ideas Pvt Ltd. The parties met one and a half years ago and by relying upon the word of Mahesh, the complainant transferred an amount to the account of Vyomin Media Pvt Ltd, and subsequently a total of Rs.28 lakhs were paid by the complainant on behalf of Mahesh. When the complainant asked Mahesh to return the money, he refused to do so and threatened the complainant that he may publish negative news against the complainant.
The Court considered that the maximum punishment for the alleged offence is 7 years, the dispute is primarily civil i.e., non-payment of money and the complainant has not given any reason for delay in lodging the complaint. The Court also relied on the law laid down by the Supreme Court in the cases of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 and Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. The Court also noted that since Mahesh is a resident of Ahmadabad and has deep roots in the society, there is no possibility of him fleeing away from the Court of Justice.
Noting the aforesaid, the Court granted anticipatory bail to Mahesh on furnishing a surety bond of Rs.15,000.
[Maheshbhai Prabhudan Langa v. State of Gujarat, 2024 SCC OnLine Dis Crt (Guj) 1, decided on: 25-11-2024]
Advocates who appeared in this case:
For the applicant: Mr A.J. Yagnik
For the respondent: Mr S.B. Brahmbhatt, Public Prosecutor
