Gujarat High Court
Sanjay Madhubhai Katariya vs State Of Gujarat on 27 February, 2025
NEUTRAL CITATION
R/CR.MA/3300/2025 ORDER DATED: 27/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3300 of 2025
==========================================================
SANJAY MADHUBHAI KATARIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. R. K. RAJPUT(6988) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 27/02/2025
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. 11210008241548 of 2024 registered with Sarthana Police Station, Surat, for the offence under Sections 318 (2), 319(2), 61(2)(b), 336(3), 338, 340 and 54 of BNS.
[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. 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. 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 Page 1 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Feb 27 2025 Downloaded on : Thu Feb 27 22:40:30 IST 2025 NEUTRAL CITATION R/CR.MA/3300/2025 ORDER DATED: 27/02/2025 undefined amount. The applicant has no past antecedent. In such circumstances, 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 submitted that, the applicant is involved in large scale conspiracy. 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 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. The applicant along with accused No.1, who happens to be brother in law of the applicant, had approached the office of CA for getting GST certificate and therefore, prima facie involvement of the applicant is there. Other accused are yet to be arrested. 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.
[5.0] 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.
Page 2 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Feb 27 2025 Downloaded on : Thu Feb 27 22:40:30 IST 2025 NEUTRAL CITATION R/CR.MA/3300/2025 ORDER DATED: 27/02/2025 undefined
[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 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. Further, 13 mobiles, 5 laptops, Aadhar Card, PAN cards of various people, 50 sim cards, 5 rubber stamp, 5 chargers, 5 swipe machine were found from the applicant. But the applicant has not received any amount from his account. (4) Prosecution has failed to point out any material against the applicant.
(5) No any money trail was found from the account of the applicant.
(6) Applicant has no past antecedent.
(7) Offence is triable by JMFC
(8) Co-accused is 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.
[6.1] In view of the law laid down in the cases of (i) Amar Sadhuram Mulchandani Vs. Directorate of Enforcement, 2024, (ii) Mohd. Muslim @ Hussain Vs. State (NCT of Delhi), reported in AIR 2023 SC 1648 and (iii) Union of India Vs. Najeeb, reported in 2021 (3) SCC 713, as well as considering other aspects like long incarceration period of the applicant, gravity of offence and as trial is prolonged since long, bail can be granted to the accused as speedy trial is right of the accused under Article 21 of the Constitution of India. Hence, present application deserves consideration.
Page 3 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Feb 27 2025 Downloaded on : Thu Feb 27 22:40:30 IST 2025 NEUTRAL CITATION R/CR.MA/3300/2025 ORDER DATED: 27/02/2025 undefined
[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 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. 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 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 the concerned police station once in a month for a period of six months;
Page 4 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Feb 27 2025 Downloaded on : Thu Feb 27 22:40:30 IST 2025 NEUTRAL CITATION R/CR.MA/3300/2025 ORDER DATED: 27/02/2025 undefined (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;
[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 Thu Feb 27 2025 Downloaded on : Thu Feb 27 22:40:30 IST 2025