ANSHUMAN KUMAR SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Rathin Raval for the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR No.11198011211574 of 2021 registered with Gangajaliya Police Station, District Bhavnagar on 18/10/2021 for offences punishable under Ss. 406 , 419 , 420 , and 114 of IPC and Sec. 66(D) of the Information Technology (Amendment) Act, 2008.

(3.) Learned Advocate Mr.Raval would draw the attention of this Court to the order dtd. 26/4/2022, whereby the learned Coordinate Bench of this Court had been pleased to protect the present applicant and had directed the applicant to remain present before the Investigating Officer on 5/5/2022, and whereas the applicant had remained present and given his statement to the I.O. Learned Advocate Mr.Raval would submit that as far as the merit of the case is concerned, the present applicant was also defrauded by the very persons, who had defrauded the First Informant and whereas except for the bank account of the applicant having been used to facilitate the fraud, the applicant had no role to play whatsoever insofar as the present transaction is concerned. Learned Advocate Mr.Raval would further draw the attention of this Court to an application submitted to the National Cyber Crime Reporting Portal, whereby the application of the present applicant has been acknowledged. Learned Advocate Mr.Raval would also draw the attention of this Court to the applications submitted to Colva Police Station, Goa, whereby the applicant has inter alia alleged that the applicant was also defrauded by the same persons. Having regard to the same, learned Advocate Mr.Raval would submit that while the FIR portrays the applicant as accused, it clearly appears that the present applicant was also victim of the same fraud. Learned Advocate Mr.Raval would request this Court that under such circumstances, the applicant may be granted anticipatory bail.