Suraj Ramnath Vishwakarma vs State Of Gujarat

Ilesh J. Vora, J

Rule. Learned APP waives service of Rule on behalf of respondent State.

The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. 11191067220026 of 2022 registered with Cyber Crime Police Station, Ahmedabad, Dist. Ahmedabad, for the offences punishable under Sections 406, 420, 465, 468, 469, 471, 120(B) of IPC and under Sections 66(c) and 66(d) of The Information Technology Act.

It is the submission of learned counsel for the applicant that he is suffering confinement since 16.03.2022. He further submitted that the applicant has not alleged to have played any vital role in the alleged offence. Hence, further detention of the applicant is 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 applicant.

Having gone through the chargesheet case papers, it appears that the applicant herein duped complainant on the pretext that if he will invest in his company, the company would extend substantial profit on the investment. The complainant, through banking agency paid Rs.9,39,449/- on different dates to the accused applicant. It is alleged that when the complainant asked to return the amount, the applicant did not respond to the call made by the complainant. It is in this context, learned advocate for the applicant, on instructions, states that the applicant is ready and willing to deposit Rs.9 lakhs before the trial Court within 30 days from his release. The entire case is based on documentary evidence. The applicant is in custody since 16.03.2022 and in near future, there is no possibility to conclude the trial. Therefore, considering the facts and circumstances of present case and proposal to deposit the entire amount, I inclined to release the applicant on bail. The application is allowed.

Hence, the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. 11191067220026 of 2022 registered with Cyber Crime Police Station, Ahmedabad, Dist. Ahmedabad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he 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 of Madhyapradesh 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)

Before the trial Court, the applicant shall deposit an amount of Rs.9 lakhs within 1 month from the date of his release;

(g)

till deposition of the amount, the applicant shall not leave Ahmedabad city and shall have to furnish his address of Ahmedabad at the time of furnishing bail bond before the court concerned.

It is also clarified that the applicant is permanent resident of Taluka: Suhagpura, Hoshangabad, Madhyapradesh, therefore, till deposition of the amount, the applicant shall not be permitted to leave Ahmedabad city and shall have to furnish his address of Ahmedabad at the time of furnishing bail bond before the court concerned. It is also clarified that in the event of depositing the amount of Rs.9 lakhs before the trial Court, the trial Court shall deposit the same before any nationalized bank initially for a period of 1 year and shall renew the same from time to time till final disposal of the case.

The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted.