ARIF JAFARALI SAIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.11821048200318 of 2020 registered with Sukhsar Police Station, Dist.Dahod for the offences under Sections 406, 420 and 114 of the Indian Penal Code, 1860 and Section 66D of the Information and Technology (Amended) Act, 2008.

(3.) It is the case of the prosecution that the first informant is involved in farming and animal husbandry and around three months ago, co-accused namely, Alpeshbhai Dalsunghbhai Vasuniya came to the first informant's house and discussed about his scheme where he gave Rs.7,00,000/- and received Rs.1 crore. Thereafter, the co-accused namely, Alpeshbhai Vasuniya discussed about two grants and impressed the first informant and convinced to take one grant. Accused No.1 Alpeshbhai gained trust and assured the first informant that he will surely give him another grant where his money from Rs.3,00,000/- will increase to Rs.60,00,000/-. Even accused Alpeshbhai told that he also manages to give loan under subsidy scheme. After few days, the first informant approached the co-accused for loan and at that time, the co-accused No.1 informed about the file charges around Rs.46,000/- for passing the loan and informed that other village members are also interested in the said scheme. On 14.08.2020, some village members came to the first informant's house and co-accused Alpesh and Santosh came and took Rs.46,000/- amount from each person thus, total amount of Rs.3,65,000/- for passing the loan and had taken the first informant and others at a Hotel, where the accused No. 1 had introduced them to one person as Loan Sanctioning Officer. The co-accused No.1 informed the first informant that when the amount will be credited at that time they will receive a message on phone. On 11.09.2020, the first informant received a message of credit amount of Rs.24,89,000/- and the co-accused informed the first informant that amount has been credited and told him to verify the same from the bank. When the first informant verified the same with the bank, the said amount was not found in the account. The first informant contacted the co-accused No.1 and he responded it will take some time for crediting the amount and after some time, co-accused No.1 diverted the call. The first informant felt that he is being deceived by the co-accused No.1 so he approached the Cyber Crime Branch. With the suspicion, the Cyber Crime Branch had set a trap and in that trap co-accused Niteshkumar Chimanbhai Valand, Pratipalsinh Madansinh Solanki and Chandrakantkumar Rameshbhai Bamaniya, who were introduced as loan sanctioning officer were caught and on inquiring, they had implicated that applicant as loan manager.