Chintan Prabhudas Patel vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr. Kurven Desai on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State.

Rule. Learned APP waives service of rule on behalf of the respondent-State.

The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11199058230005 of 2023 registered with Cyber Crime Police Station, Bharuch for the offences punishable under Sections 354A(1)(4), 469 and 500 of the Indian Penal Code and Section 66(c) of the Information Technology Act, 2000.

Learned Advocate on behalf of the applicant would submit that applicant had already been released by the Investigating Officer and he had been arrested on account of not attending the trial regularly. It is submitted by learned Advocate that the applicant being in custody since 30.01.2025. It is submitted by learned Advocate for the applicant that considering the role attributed to the applicant, and nature of the allegation levelled against, the applicant may be enlarged on regular bail. It is further submitted that applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

The present application is vehemently objected to by learned APP on behalf of respondent- State by submitting that looking to the nature of offence and the role attributed to the present applicant, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

This Court has heard learned Advocates for the respective parties and perused the FIR as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

This Court has also considered the following aspects:

(i) The fact of the applicant having already been released by the Investigating Officer and whereas the applicant being arrested on account of the applicant not attending the trial regularly.

(ii) The fact of the applicant being in custody with regard to the offence in question since 30.01.2025 that is for a period of more than 10 months.

(iii) The fact of the applicant undertaking that he would attend the trial regularly.

In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11199058230005 of 2023 registered with Cyber Crime Police Station, Bharuch on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands only) with two sureties of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;

[e] Mark his presence in the concerned Police Station once in a month for a period of six months;

[f] shall attend the trial regularly and shall not remain absence without any valid reason and without any application for exemption failing which it would be open for the learned Trial Court to take appropriate steps in accordance with law.

[g] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior intimation to the I.O.

The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.