Gujarat High Court
Pareshbhai Vinubhai Velani vs State Of Gujarat on 19 February, 2024
NEUTRAL CITATION
R/CR.MA/3181/2024 ORDER DATED: 19/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3181 of 2024
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PARESHBHAI VINUBHAI VELANI
Versus
STATE OF GUJARAT
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Appearance:
MR. NIPUL H GONDALIA(6894) for the Applicant(s) No. 1
MR J K SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 19/02/2024
ORAL ORDER
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO. 11202058230013 of 2023 registered with Cyber Crime Police Station, Jamnagar.
3. 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.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail, inter alia, contending that the applicant had siphoned away sum of Rs.6 lacs by inducing the people for puchase of tarpaulin as well as pesticides from him. He also submitted that the present applicant had made Page 1 of 4 Downloaded on : Mon Feb 19 20:58:33 IST 2024 NEUTRAL CITATION R/CR.MA/3181/2024 ORDER DATED: 19/02/2024 undefined telephone calls to various victims for purchase of the said products from him and the phone calls were made from registered mobile phone of the present applicant. He, therefore, submitted to dismiss the present application.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. As per the case of prosecution, the present applicant had started one fake company in the name of Seven Star Plastic Company Pvt.Ltd. and the telephone calls were made to farmers for purchase of tarpaulin as well as pesticides from the present applicant and if the victims were agreeable for purchase of the said products from him, initially, the small portion of the products was sent by the present applicant to them and subsequently, the larger consignment containing fake goods were sent to the victims.
6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
7. 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.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR Page 2 of 4 Downloaded on : Mon Feb 19 20:58:33 IST 2024 NEUTRAL CITATION R/CR.MA/3181/2024 ORDER DATED: 19/02/2024 undefined being C.R.NO. 11202058230013 of 2023 registered with Cyber Crime Police Station, Jamnagar, 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;
9. 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.
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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.
(M. R. MENGDEY,J) GIRISH Page 4 of 4 Downloaded on : Mon Feb 19 20:58:33 IST 2024