KEVIN JANAKBHAI BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.PART - A 11210015220051 of 2022 registered with DCB Police Station, Surat City, District Surat for the offences under Ss. 420 and 120B of the Indian Penal Code, 1860 ( IPC ) and Ss. 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Sec. 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.

(3.) It is the case of the prosecution that the first informant is an Executive Manager in Reliance Company. During lockdown, he seen an advertisement on Facebook application stating that by becoming a member by paying Rs.2400.00, a person can earn upto Rs.1,12,416.00 in two years. He called on the number given in the advertisement and asked for the details, for which the executive asked him to watch a YouTube video of one Mahesh Gosai-co-accused about income training. Thereafter, the co-accused called the complainant and told him that one higher ranked member of the company namely, Kevin Brahmbhatt- applicant is free and if the complainant has any questions, he can ask to him. The applicant informed the complainant about the Crizer Company in which the investment is to be made. The complainant and his friend invested Rs.11,00,000.00 in total in the said Crizer Company, as told by the accused. Subsequently, the YouTube video was deleted and the complainant was not able to contact the accused. The complainant had never met them in person.