JIMMY SATISHBHAI ASIJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present successive application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I-62 of 2019 registered with Cyber Crime Police Station, District Ahmedabad City, for the offenses punishable under Sections 420 , 419 and 120B of the Indian Penal Code and Sections 66-C and 66-D of the Information Technology Act.

(2.) Learned advocate for the applicant submits that the present successive anticipatory bail application is filed by the applicant on the ground that after the withdrawal of the application, on 06.02.2020, two other co-accused, against whom similar allegations are leveled, have been enlarged on anticipatory bail. It is submitted by the learned advocate for the applicant that co-accused Vinit Vashishth Dharmendra has been enlarged on anticipatory bail by this Court vide order dated 27.03.2020 and, thereafter, another co-accused Somnath Dube has been enlarged on anticipatory bail vide order dated 10.06.2020 passed by the concerned Sessions Court. Copies of the said orders are placed on record. It is, therefore, urged that on the ground of change of circumstance and on the ground of parity, the case of the applicant be considered.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.