'Appears That Funds Raised For Welfare Of People Were Utilized For Personal Expenses’: Gujarat HC Denies Bail To Saket Gokhale

The Gujarat High Court while denying bail to Trinamool Congress spokesperson Saket Gokhale in the crowdfunding 'misuse' case by observing that from the statement of the complainant and other witnesses, it appears that funding raised for the welfare of the people was utilized by the applicant for his personal expenses. Perusing the police report as well as the statement of witnesses and affidavit filed by the Investigating Officer and the bank account statement, the bench of Justice Samir J. Dave prima observed that it cannot be denied that some transactions were done for his personal usage. However, the Court added that it (alleged transactions) was a question of fact that can only be decided by evidence at the time of trial and not at the stage of investigation when the charge sheet is yet to be filed. Further, noting that the case is of the nature of fraud and cheating and that the investigation is still going on and the necessary evidence are to be recovered, the Court denied him bail. “For the foregoing reasons and from the facts and circumstances of the case, it appears that the prosecution has clearly established the prima facie case against the present applicant and thus, this Court is not inclined to exercise the powers vested under section 439 of Code of Criminal Procedure Code for releasing the present applicant on bail,” the operative portion of the Court’s order reads. It may be recalled that Gokhale had moved the High Court seeking bail after he was denied relief by the Additional Sessions Judge, Ahmedabad Alkeshkumar Bhojak on January 12. The allegations against him are that he collected over Rs 72 lakh from more than 1,700 persons through a crowdfunding platform ‘our democracy’ and used that money for personal use and thus, misappropriated the funds. The FIR in the case was registered upon a complaint filed by a woman who claimed to have donated Rs 500 to Gokhale through online mode (Razorpay). Thereafter, Gokhale was booked under Indian Penal Code sections 420 (cheating), 406 (criminal breach of trust), and 467 (forgery). Before the High Court, appearing for him, Senior Counsel Asim Pandya argued that Gokhale, who is suffering from various ailments, was arrested and persecuted with malafide and oblique motives. It was further argued that the allegation about the amount being used for personal purposes instead of the purpose for which it was obtained cannot be acknowledged for the reason that since inception, it was made crystal clear that the amount was been collected for the personal substances of the applicant. However, finding prima facie substance in the prosecution's case, the Court denied him bail as it observed thus: “From the statement of the complainant and other witnesses, it appears that funding raised for the welfare of the people were utilized by the applicant for his personal expenses… There are many transactions appears to have been done on prima-facie going through the bank account statement, so it cannot be denied that some transactions might be done for his personal usage or not, which is a question of fact and can only be decided by evidence at the time of trial and not at the stage of investigation when the charge sheet is yet to be filed.” Case title - Saket Suhas Gokhale vs. State Of Gujarat Case Citation: Click Here To Read/Download Order

'Appears That Funds Raised For Welfare Of People Were Utilized For Personal Expenses’: Gujarat HC Denies Bail To Saket Gokhale

Sparsh Upadhyay

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