Anil Dhaneshwar Bind vs State Of Gujarat

Nirzar S. Desai, J

Heard learned advocate Mr.Patel for the applicant and learned Additional Public Prosecutor Mr.Ronak Raval for the respondent – State.

By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR vide 11208057220036 of 2022 registered with Cyber Crime Police Station, Rajkot City for offences punishable under Section 406, 419 and 420 of the Indian Penal Code and Sections 66-C and 66-D of the Information Technology Act, 2008.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences which have been charged are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 18.11.2022;

(ii) the investigation is over and the charge-sheet is filed;

(iii) learned advocate Mr.Patel has submitted an undertaking given by the accused applicant on his own will stating that if he is enlarged on bail, within a period of six months from his release thereafter, he shall deposit Rs.13/- Lakhs before the trial Court and the said undertaking dated 24.04.2023 is taken on record;

(iv) no past antecedent is attributed to the present applicant.

(v) co-accused viz. Avnishkumar @ Avinash Uma Mahato is already enlarged on regular bail by the Sessions Court, Rajkot vide order dated 03.01.2023 passed in Criminal Miscellaneous Application No.387 of 2003 and the co-accused viz.Satyendrakumar Biro Bind is also enlarged on regular bail by the Sessions Court, Rajkot vide order dated 03.01.2023 passed in Criminal Miscellaneous Application No.386 of 2023

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail on the ground of parity. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR vide 11208057220036 of 2022 registered with Cyber Crime Police Station, Rajkot City on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 India without prior permission of the Sessions Judge concerned till the trial is over;

[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] mark presence once before the concerned police station in the first week of every month till the trial is over;

The Authorities will release the applicant only if the applicant 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 learned 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, learned 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.