DAVID EDAN FORJINDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present bail application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being I-C.R.No. 11207080210011 of 2021 registered with Cyber Crime Police Station, Panchmahal Godhra Range, District Panchmahal for the offence punishable under Sec. 120(B), 420, 406, 417 , 419, 464, 465, 467, 468, 471, 489-A and 114 of the Indian Penal Code as well as Ss. 66(C)(D) of the Information Technology Act.

(2.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. That, other co accused namely Soba Augustin Benson has been released on regular bail by coordinate bench of this court in Criminal Misc. Application No. 4866 of 2022 on 9/12/2022 thus on the ground of parity, the applicant may be released on regular bail. Moreover, the applicant has filed an undertaking before the Jailor declaring that he will deposit a sum of Rs.12,00,000.00 within a period of three months from my release and he will deposit a sum of Rs.5,00,000.00 within a period of one month from the date of his release. Thus, while considering the undertaking filed by the applicant, prayer of the applicant may be considered. That, investigation of the present offence has been completed and the investigating officer has filed charge sheet against the present applicant and therefore, he has requested to enlarge the applicant on regular bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. That, the applicant is involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicant while releasing him on bail. Ultimately, it was submitted by learned APP for the respondent-State to reject present application.