Gujarat High Court
Altaf Amirali Wadhvanaiya vs State Of Gujarat on 1 August, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/13318/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13318 of 2018
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ALTAF AMIRALI WADHVANAIYA
Versus
STATE OF GUJARAT
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Appearance:
MR RR MARSHAL FOR MR SURAJ A SHUKLA(7185) for the
PETITIONER(s) No. 1
MR RUTVIJ OJHA APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 01/08/2018
ORAL ORDER
1. This application has been filed by the applicant under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I - 211 of 2018 with Sarthana Police Station, Surat, for the offence punishable under Sections 406, 409, 420, 465, 467, 471, 419, 120(B) and 506(2) of Indian Penal Code, Sections 43, 66 and 85 of the Information Technology Act, Sections 4,5 and 6 of the Prize Chit & Money Circulation Scheme 1978 and Section 3 of the Gujarat Protection of Interest of Depositors (In Financial Establishment) Act, 2003.
2. Heard learned advocate for the applicant and learned APP for the respondent - State.
2.1 The learned advocate for the applicant submits that the allegation levelled against the applicant is that the applicant in collusion with other accused, launched fake Crypto Currency website in the name of NCR COIN with a view to obtain money from the people for the purpose of investing the same in bank and also in Bit Coin and for Page 1 of 4 R/CR.MA/13318/2018 ORDER that purpose, they have introduced different inducing fake schemes. The applicant is an employee of the Company and in fact he has also invested Rs.35 Lakhs in Crypto Currency to get financial benefit of the Scheme. It is further submitted that the applicant is also a victim as his money is also duped along with other investors. It is submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. It is submitted that the substantial part of investigation is over and now, no further interrogation is required. The applicant is in jail since 30.06.2018. It is also submitted that without prejudice to the rights and contentions of the parties, the applicant are ready and willing to deposit the total amount of Rs.10,00,000/- before the concerned trial Court within a period of two weeks from the date of his release.
2.2 It is also submitted that by the learned advocate for the applicant that the applicant has roots in Surat District and are also having responsibility towards family and is not likely to run away and their presence can be secured during trial by imposing the the suitable conditions.
3. The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offences. It is submitted that there appears prima facie case against the applicant in committing the alleged offence and accordingly, it is requested that the applicant may not be enlarged on bail.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
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5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other investigation placed on record, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the application is allowed and the applicant is ordered to be released on regular bail in connection with the above-referred FIR on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) each with one surety of the like amount each to the satisfaction of the trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution and shall cooperate in trial;
[c] surrender passport/s, if any, to the lower Court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) shall deposit Rs.10,00,000/- without prejudice to the rights and contentions of the parties before the concerned trial Court within a period of two weeks from the date of release. After depositing the said amount, the concerned trial Court shall invest the amount in any nationalized bank initially for a period of one year and thereafter, the same should renewed as trial Court deemed fit and proper;
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(f) shall file undertaking to the effect that he will
deposit the aforesaid amount before the concerned trial Court forthwith;
(g) mark presence before the concerned police station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[h] furnish latest and permanent address/es of residence/es to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/es without prior permission of this Court and shall also remain present as and when required by the Court.
6. 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 is 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.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J) YNVYAS Page 4 of 4