Gujarat High Court
Yash S/O Vishwas Sudhkar More (Yash S/O ... vs State Of Gujarat on 8 April, 2025
NEUTRAL CITATION
R/CR.MA/25669/2024 ORDER DATED: 08/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 25669 of 2024
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YASH S/O VISHWAS SUDHKAR MORE (YASH S/O VISHWAS SUDHAKAR
MORE)
Versus
STATE OF GUJARAT
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Appearance:
MR JIMIT P SHAH(9917) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/04/2025
ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present successive bail application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No. 11191067240113 of 2024 registered with Cyber Crime Police Station, Ahmedabad City, for the offence under Sections 61, 204, 316(2) and 318 (2) of BNS and Section 66(D) of Information Technology Act.
[3.0] 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 chargesheet has been filed. Allegation against the applicant is that, the applicant in connivance with other co-accused, set up the system by using router, internet etc., through which he received account details in telegram group and by accessing mobile details, OTP etc. forwarded such information to Taiwan people and got transferred the amounts in the account and thereby, defrauded the people. Nothing is required to be recovered from the applicant as police has already seized the muddmal. The applicant has The co-accused having similar role or greater Page 1 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:56:13 IST 2025 NEUTRAL CITATION R/CR.MA/25669/2024 ORDER DATED: 08/04/2025 undefined role than the applicant are considered by the trial Court. Considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail and submitted that, the applicant is a kingpin of the entire scam and in connivance with other co-accused, set up the entire system by which they got access of mobiles details, OTPs etc. and shared such details to Taiwan People and got transferred the amounts in the account. Other co-accused and Taiwan people are yet to be arrested. The applicant belongs to Mumbai and formed a group on telegram channel through which he operated the entire scam. He was actively participated in the offence. If he grants bail, then possibility cannot be ruled out to tamper the evidence and hamper the witnesses. He also submitted that, considering the nature of data and other details which are volatile, he may be enlarged on anticipatory bail. Considering the same, he prays not to allow application.
[5.0] 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 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.
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[6.0] 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 charge-sheet is filed; (2) Allegation against the applicant is that, the applicant in connivance with other co-accused, set up the system by using router, internet etc., through which he received account details in telegram group and by accessing mobile details, OTP etc. forwarded such information to Taiwan people and got transferred the amounts in the account and thereby, defrauded the people.
Main allegation is against Taiwan people, who in connivance with other co-accused set up the system through which they got transferred the amounts in the account at Taiwan. The applicant is one of the facilitators and facing the charge of conspirator.
(3) None of the offence alleged is punishable with life sentence or death penalty (4) Offence is triable by the Court of JMFC and quatum of punishment is upto 7 years;
(5) Applicant is behind the bars since 04.10.2024; (6) There is nothing to be recovered or discovered from the applicant; (7) The applicant is not having any past antecedent; (8) Obviously commencement and conclusion of trial will take some time. (9Co-accused are enlarged by this Court and therefore, on the ground of parity also (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in 2011 (3) GLR 1999), present application deserves consideration.
[7.0] 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 Page 3 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:56:13 IST 2025 NEUTRAL CITATION R/CR.MA/25669/2024 ORDER DATED: 08/04/2025 undefined 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.
[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing further on merit, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11191067240113 of 2024 registered with Cyber Crime Police Station, Ahmedabad City on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one local 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 to leave State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before Cyber Crime Police Station, Ahmedabad City once in a month for a period of six months to facilitate further investigation;
(f) furnish the Aadhar card, email ID/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/contact number without prior permission of Trial Court;
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future, the trial Court concerned will be free to issue warrant and cancel the bail granted to the applicant.
[9.0] 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.
[10.0] 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.
[11.0] 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.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J) SUCHIT Page 5 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:56:13 IST 2025