ANUJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11191067210097 of 2021 registered with Cyber Crime Police Station, Ahmedabad City for the offence punishable under Ss. 406, 420, 417, 419, 465, 467, 468, 469, 471, 170 and 120(B) of the Indian Penal Code and Ss. 66(C) and 66(D) of the Information Technology Act.

(2.) Brief facts of the present case are that all the accused in connivance with each-other while impersonating themselves as the officers of Insurance company promised complainant to give best return on the investment thereafter forged documents such as Vima policy certificate, receipts etc., and also put their duplicate signs on the said certificates and sent those documents on the email address and Whatsapp of the complainant thereby received financial benefit of total amount of Rs.29,15,191.00 from the complainant and did not settle the policy, thereby all the accused have made alleged offence. In these circumstances FIR was came to be registered under the above-mentioned Sec. .

(3.) Learned advocate for the applicant submits that there is no evidence on record to indicate the involvement of the applicant with crime in question. The the applicant has been involved in the offence on the basis of the suspicion only. That, the FIR has been lodged after long gap of 2 years and 8 months. No specific reason or reply is given for delayed FIR. That, charge sheet is fled so now there is no question of tempering or hampering of evidence. That, the applicant- accused has not committed the alleged ofence of cheating and criminal breach of trust. That, thousands of times, lakhs of time the government has reiterated declared and advertised that investments are subject to market risk and fuctuation, therefore the policy documents must be read carefully before investments. That, the applicant-accused is in judicial custody, trial shall take long time to conclude which amounts to pre- trial conviction to present applicant-accused. All the offences are triable by the Ld. Metropolitan Magistrate Court. Thus, considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.