Gujarat High Court
Sagar Vinubhai Khunt vs State Of Gujarat on 1 April, 2025
NEUTRAL CITATION
R/CR.MA/6289/2025 ORDER DATED: 01/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 6289 of 2025
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SAGAR VINUBHAI KHUNT
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 01/04/2025
ORAL ORDER
Report submitted by the Police Inspector, Sarthana Police Station, Surat is taken on record.
1. RULE. Learned APP waives service of rule for the respondent- State.
2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for successive regular bail in connection with FIR being C.R. No.11210008241548 of 2024 registered with Sarthana Police Station, Surat for the offences punishable under Sections 318(2), 319(2), 61(2)(b), 336(3), 338, 340, 54 of the Indian Penal Code, 1860 (for short "IPC") / The Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Section 66(c), 84(b) of the Information Technology Amendment Act, 2008.
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3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and charge-sheet has been filed. The applicant is arrested on 03.10.2024. Allegation against the applicant is that, the applicant along with co-accused have created fake website in the name of Flipcart and also prepared QR code and facebook and advertised the household and other items at a cheaper rate and thereby, obtained several orders from the customers and thereby, pocketed huge amount and not delivered or provided the goods. As per the case of the prosecution, it appears that one Himmat and co-accused have received amount and the said amount is transferred in the account of Tulsi Enterprizes and Tulsi Hardware and the said account is already frozen. Whatever allegations are levelled against the there is a money trail in the account of the present applicant and the said amount is utilized for his personal use. He has submitted that though the allegation against the applicant is that, he has procured passbooks, cheque books and other valuable securities of different people and used the dummy accounts for the commission of offence, but he has not received any amount. The applicant has no past antecedent. In such circumstances, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is involved in large scale conspiracy. The applicant Page 2 of 7 Uploaded by KUMAR ALOK(HC01091) on Wed Apr 02 2025 Downloaded on : Wed Apr 02 22:07:59 IST 2025 NEUTRAL CITATION R/CR.MA/6289/2025 ORDER DATED: 01/04/2025 undefined along with co-accused have created fake website in the name of Flipcart and also prepared QR code and facebook and advertised the household and other items at a cheaper rate and thereby, obtained several orders from the customers throughout the country and thereby, pocketed huge amount. There was large scale scam of Rs.9.45 crore, which is still investigated. Further investigation is going on. It is submitted that applicant is a kingpin and he received the amount in his account and he has purchased the various accounts kits and ATM Card of 40 accounts and through 40 accounts holder, he has received money. Prima facie, involvement is there. Even in the account of his wife, money trail is found. In account of the applicant and his wife, an amount of Rs.24,15,908/- was found. If he grants bail, possibility cannot be ruled out to tamper with the evidence and indulge in such type of activities in future. Considering the same, she prays not to allow application.
5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of Page 3 of 7 Uploaded by KUMAR ALOK(HC01091) on Wed Apr 02 2025 Downloaded on : Wed Apr 02 22:07:59 IST 2025 NEUTRAL CITATION R/CR.MA/6289/2025 ORDER DATED: 01/04/2025 undefined securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(1) Investigation is over and chargesheet has been filed; (2) Applicant is in jail since 03.10.2024 (3) The allegation against the applicant is that the applicant along with co-accused have created fake website in the name of Flipcart and also prepared QR code and facebook and advertised the household and other items at a cheaper rate and thereby, obtained several orders from the customers and thereby, pocketed huge amount and not delivered or provided the goods.
The Present applicant has received the accounts kits of various accounts holder and paid Rs.8,000/- and along with the co- accused and money trail is found in their account. Perusing the record and charge-sheet papers, amount is transferred in the account of Tulsi Hardware and Tulsi Enterprizes. (4) Prosecution has failed to point out any material against the applicant, which suggests that amount of Rs.24,15,908/- is trans in the account of present applicant and to show any documentary evidence qua money trail of said amount out the said fraud;
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(6) Applicant has no past antecedent.
(7) Offence is triable by JMFC (8) the other accused, who is having similar role or the greater role is released on bail by this Court. Hence, on the ground of parity, the present application deserves consideration. Considering the decision rendered in case of Rameshbhai Batubhai Dabhi vs. State of Gujarat reported in (1999) 3 GLR1150, on the ground of parity, the present application deserves consideration;
7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration. 8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant/s in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit Page 5 of 7 Uploaded by KUMAR ALOK(HC01091) on Wed Apr 02 2025 Downloaded on : Wed Apr 02 22:07:59 IST 2025 NEUTRAL CITATION R/CR.MA/6289/2025 ORDER DATED: 01/04/2025 undefined case to exercise the discretion and enlarge the applicant/s on successive regular bail. Hence, the present application is allowed. The applicant/s is/are ordered to be released on successive regular bail in connection with FIR being C.R. No.11210008241548 of 2024 registered with Sarthana Police Station, Surat on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and 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;
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9. The authorities will release the applicant/s 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.
10. 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.
11. 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.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 7 of 7 Uploaded by KUMAR ALOK(HC01091) on Wed Apr 02 2025 Downloaded on : Wed Apr 02 22:07:59 IST 2025