Mazhar Ali Anwar Ali vs State Of Gujarat

Divyesh A. Joshi, J

Rule. Learned APP waives service of notice of Rule for and on behalf of respondent – State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith C.R.No.11210062230065 of 2023 registered with Cyber Crime Police Station, Surat City, for the offence punishable under Sections 406, 419, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code and under Section 66(D) of the Information Technology (Amendment) Act, 2008.

Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that applicant has been arrested on 02.09.2023 and since then he is in judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. It is alleged that present applicant accused has impersonated himself as Mehul Rajput and received undue benefit from the complainant. As per the case of the prosecution, total Rs.19,28,500/- have come in the account of the applicant accused. The said account is joint account. The applicant was a salaried employee of the firm and at the most it can be said that applicant accused has received the benefit of amount of Rs.6 lakh and applicant is ready and willing to deposit the said amount of Rs.6 lakh before the learned Trial Court if some time may be granted. Learned advocate for the applicant submits that brother-in-law of the applicant has filed an undertaking wherein it is specifically stated that applicant shall deposit an amount of Rs.1,50,000/- before the learned Trial Court within a period of two weeks from the date of his release and remaining amount of Rs.4,50,000/- shall be deposited before the learned Trial Court within a period of three months. Learned advocate for the applicant submits that applicant shall also file an undertaking to the aforesaid effect before the learned Trial Court within a period of one week from the date of his release. Thus, considering the aforesaid factual aspects, applicant may be enlarged on bail.

Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that applicant is in jail since 02.09.2023. The investigation is already concluded and charge-sheet is filed. Learned advocate for the applicant submits that applicant was a salaried employee of the firm and at the most it can be said that applicant accused has received the benefit of amount of Rs.6 lakh and applicant is ready and willing to deposit the said amount of Rs.6 lakh before the learned Trial Court if some time may be granted. The brother-in-law of the applicant has filed an undertaking, inter alia stating that applicant shall deposit an amount of Rs.1,50,000/- before the learned Trial Court within a period of two weeks from the date of his release and remaining amount of Rs.4,50,000/- shall be deposited before the Trial Court within a period of three months. Learned advocate for the applicant submits that applicant shall also file an undertaking to the aforesaid effect before the learned Trial Court within a period of one week from the date of his release. Thus, considering the aforesaid factual aspects, I am inclined to consider this application.

This Court has also 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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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 and the applicant is ordered to be released on regularbailinconnectionwith C.R.No.11210062230065 of 2023 registered with Cyber Crime Police Station, Surat City, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety 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 injuries 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 Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

[g] file an undertaking before the learned Trial Court within a period of one week from the date of his release to the effect that he shall deposit an amount of Rs.1,50,000/-before the learned Trial Court within a period of two weeks from the date of his release and remaining amount of Rs.4,50,000/- shall be deposited before the learned Trial Court within a period of three months.

[h] adhere to the aforesaid undertaking;

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 issue warrant or 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 trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.

The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted.