High CourtsSingle Bench

Hemal Bharatbhai Patel vs State Of Gujarat

Gujarat High Court · Decided on 27 October 2023 · Citation: (2023) 10 GUJ CK 0076

HON’BLE JUDGES
Hasmukh D. Suthar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 41A, 438 · Indian Penal Code, 1860 — Section 114, 419, 420, 507 · Information Technology Act, 2000 — Section 66(D)
RESULT
Disposed Of
CASE NUMBER
R/Criminal Misc.Application (For Anticipatory Bail) No. 19224 Of 2023
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Judgment

6 paragraphs · 224 words

Hasmukh D. Suthar, J

RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State.

1.

Heard learned advocates appearing for the respective parties.

By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11192011230669 of 2023 registered with Bopal Police Station, District : Ahmedabad Rural, for the offences punishable under Sections 419, 420, 507 and 114 of the Indian Penal Code, 1860 and Section 66 (D) of the IT Act.

The offences alleged are punishable with maximum imprisonment upto 7 years and hence, in view of the law laid down by the Hon’ble Supreme Court in the case of Arnesh Kumar v. State of Bihar reported in (2014)8 SCC 273; Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51 and Md. Asfak Alam vs. State of Jharkhand and Another reported in 2023 SCC OnLine SC 892, the police authority shall have to scrupulously follow the directions given by the Hon’ble Supreme Court and the mandate of Section 41A of the Code of Criminal Procedure, 1973.

With the aforesaid directions, present application stands disposed of. Rule is hereby discharged. Direct service is permitted.