FARUKI MOINUDDIN NOORUDDIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent - State.

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being CRNo.I-4 of 2020 registered with CID Crime, Vadodara Zone Police Station, Vadodara for the offences under Sections 406, 409, 420 and 120B of the Indian Penal Code, 1860 (IPC) read with Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.

(3.) It is the case of the prosecution that one person namely Mr.Santosh Pathak, who was known to the complainant since last three years, had introduced the complainant to Mr.Zahir Rana and his son namely Mr.Azim Rana, where Mr.Santosh Pathak gave information to the complainant about the business of Mr.Zahir Rana and he told that Zahir Rana and Azim Rana run a company namely "Oracle Pvt. Ltd.", and they have launched health-card scheme, and by knowing this, the complainant joined the company of Mr.Zahir Rana and he started investment, first he made registration on the company's website i.e. www.1strearning.com. Also as per the complainant, he has been assured that the company will give commission to each investors on investment into three different types of scheme as shown in the FIR and issue health card services, which covers 30 disease blood-test. It is further alleged that after that the complainant created his ID on the said website with reference nos.3381853, 4813126, 15910175, 4872498 and 9034210 and invested Rs.56,100/- through credit card and also he gave Rs.55,000/- in cash to Mr.Zahir Rana at his office. It is alleged that the complainant and other investors, as shown in FIR have neither received any commission nor any health card services, and hence, the complainant lodged the present FIR with regard to this incident.