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Judgment
A.Y. Kogje, J
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR
No.11832001210007 of 2021 registered with Cyber Police Station Junagadh Range, Junagadh for offence under Sections 417, 419, 467, 468, 471,
120(B) of the Indian Penal Code, under Section 66(D) of the IT Act and Section 14(A) of the Foreigners Act.
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.
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. Following aspects are considered:-
I. The FIR is registered on 13.01.2021 for the offence which is alleged to have taken place on 07.10.2019.
II. The applicant is in jail since 23.02.2021.
III. The investigation is concluded and charge-sheet is filed.
IV. The application is moved in view of the liberty reserved in order dated 18.11.2021 and on account of the subsequent development where the
matter is settled with the only complainant.
V. The complainant is represented by learned advocate Mr. Suresh Chaudhary. He draws attention of this Court to the affidavit of the complainant at
Annexure-E and under the instructions of the complainant who is present with him in the office ratifies the contents of the affidavit of settlement.
VI. Learned advocate for the applicant, under the instructions, states that today the complainant is being an amount of Rs.8 Lakhs in cash which
learned advocate Mr. Suresh Chaudary confirms.
VII. Further, an mount of Rs. 2 Lakhs will be paid to the complainant within a period of two weeks of the release of the applicant. Learned advocate
further under the instructions states that the applicant will attempt to make the payment to the complainant even during the course of trial. He will file
an undertaking with regards to the payment before this Court within two weeks of his release.
VIII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
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. The applicant is ordered to be released on regular bail in connection with FIR being I-CR
No.11832001210007 of 2021 registered with Cyber Police Station Junagadh Range, Junagadh, on executing a personal bond of Rs.10,000/- (Rupees
Ten 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief
with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court;
(g) Today the complainant is being an amount of Rs.8 Lakhs in cash by the applicant and further amount of Rs.2 Lakhs will be paid to the complainant
within a period of two weeks of the release of the applicant. The applicant will continue attempt to make the payment to the complainant even during
the course of trial.
(h) to file an undertaking before this Court within a period of two weeks from the date of his release.
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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.