Naimish Girishbhai Rangpara vs State Of Gujarat

Ilesh J. Vora, J

Heard learned advocate for the applicants and learned APP for the respondent - State.

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

The applicants, by way of this application filed under Section 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being C.R.No. 11200052220005 of 2022 registered with Valsad Cyber Crime Police Station, Dist. Valsad, for the offence punishable under Sections 420 of the IPC and Sections 66(C) & 66(D) of the I.T.Act.

It is the submission of learned counsel for the applicants that they are suffering confinement since 24.05.2022. Hence, further detention of the applicants are unwarranted.

Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicants.

Having carefully scrutinized the contents of the FIR and affidavit of the investigating officer filed before the concerned trial Court, it appears that the Bank Account has been misused by the principal accused. Under instructions, learned advocate for the applicants states that the applicants are ready and willing to deposit the amount, they had received by transferred in their respective Bank Account. She further submits that the applicants have no objection, if the amount be paid to the complainant. The co-accused has already been enlarged on bail. Considering the facts and circumstances of the case and in view of the statement made at bar by learned advocate for the applicants, without expressing anything on the merits of the case, the matter deserves consideration. Accordingly, the application is allowed on condition that the applicant No.1 Naimish Girishbhai Rangpara and applicant No.2 - Ketanbhai Ashokbhai Makwana shall deposit Rs. Rs.1,50,000/- and 1,90,000/- respectively before the learned trial Court within a period of one week from the receipt of this order.

Hence, present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being C.R.No. 11200052220005 of 2022 registered with Valsad Cyber Crime Police Station, Dist. Valsad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) each, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall;

No.

Conditions

(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 India without prior permission of the Sessions Judge concerned;

(e)

furnish latest 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 the trial Court.

(f)

The applicant No.1 Naimish Girishbhai Rangpara and applicant No.2 - Ketanbhai Ashokbhai Makwana shall deposit Rs. Rs.1,50,000/- and 1,90,000/- respectively before the learned trial Court within a period of one week from the receipt of this order

The authorities shall release the applicants if they are not required in connection with the any other offences. If breach of any above condition is committed, the learned Sessions Judge concerned shall take appropriate action or issue warrant against the applicants. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. Upon deposition of the aforesaid amount, the learned trial Court shall issue Notice to the complainant and the aforesaid amount deposited by the applicants shall be released/disbursed in favour of the complainant after due identification and verification. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Rule is made absolute to the aforesaid extent.

Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Registry to send a copy of this order to the concerned Jail Authority as well as learned Sessions Court forthwith through fax and e-mail. Direct service is permitted.