Gujarat High Court
Chetanbhai Jaysukhbhai Mulani vs State Of Gujarat on 25 April, 2024
NEUTRAL CITATION
R/CR.MA/6883/2024 ORDER DATED: 25/04/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6883
of 2024
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CHETANBHAI JAYSUKHBHAI MULANI
Versus
STATE OF GUJARAT
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Appearance:
MR BOMI H SETHNA(5864) for the Applicant(s) No. 1
MR CHINTAN DAVE APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 25/04/2024
ORAL ORDER
1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11210019240066 of 2024 registered with Ichhapore Police Station.
2. Learned advocate for the petitioner submits that considering the nature of allegations, role attributed to the petitioner, the petitioner may be enlarged on anticipatory bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
4. Heard the learned Advocates for the respective parties and perused the papers.
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5. Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to exercise discretion in favour of the petitioner for the reason that at first point of time the complainant who is claiming himself as authorized dealer to sell Helium Software prepared by M/s. OctoNus Software, Russia had filed one FIR alleging breach of Copyright Act against one Mr.Harshadbhai and Mr.Amrutbhai; but then the first informant come out with the impugned FIR to say that pirated Helium Software are sold by these persons. As far as the allegations against the petitioner is concerned, it was submitted that present petitioner has downloaded the pirated Helium software from the website viz., nodongle.biz and then assembled the hardware and selling pirated software. Considering the allegations levelled against the petitioner there is doubt on the aspect that it could be considered as forgery. M/s. OctoNus Software has not filed any FIR; which holds all the right of Helium software. As per say of the petitioner, the authorized dealer has to file the FIR about selling of pirated software and whether it could be equated with the forgery; the answer is doubtful. Be that as it may; considering overall allegations made in the FIR and the role against the accused, who is not named in the FIR, petition deserves consideration.
6. This Court while exercising discretion in favour of the petitioner has taken into consideration law laid down by the Page 2 of 4 Downloaded on : Fri Apr 26 21:28:50 IST 2024 NEUTRAL CITATION R/CR.MA/6883/2024 ORDER DATED: 25/04/2024 undefined Apex Court in the case of Siddharam Satlingappa Mhetre v/s. State of Maharashtra and Ors. [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the the case of Shri Gurubaksh Singh Sibbia & Ors. v/s. State of Punjab (1980) 2 SCC 665. This Court has also taken into consideration law laid down in the case of Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1].
7. In the result, the present petition is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R.No.11210019240066 of 2024 registered with Ichhapore Police Station the petitioner shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of like amount on the following conditions that the petitioner :
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 01&02.5.2024 between 10.00 a.m. and 4.00 p.m.;
(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;Page 3 of 4 Downloaded on : Fri Apr 26 21:28:50 IST 2024
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(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and
8. If breach of any of the above conditions is committed by the petitioner, the concerned learned Judge will be free to take appropriate action in the matter. 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 prima facie observations made by this Court while enlarging the petitioner on bail.
9. Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J) sompura Page 4 of 4 Downloaded on : Fri Apr 26 21:28:50 IST 2024