LAWS(GJH)-2023-1-794

ABDUL GAFOOR Vs. STATE OF GUJARAT

Decided On January 23, 2023
ABDUL GAFOOR Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R. No. I - 11191011220024 of 2022 with DCB Police Station, Ahmedabad, for the offences punishable under Ss. 420, 419, 120 (B) of the Indian Penal Code, Sec. 65, 66D of the IT Act and Sec. 20 of the Indian Telegraph Act and Sec. 6 of Indian Wireless Telegraph Act.

(2.) Mr.Samani, learned advocate for the applicant submits that the applicant is not named in FIR and there is no specific role attributed to the applicant herein. He also submitted that the applicant is a computer professional and his friends, who owns a company in Dubai had approached him, however, the applicant has never contacted accused no.3. He also submitted that the applicant is available during the course of investigation and will not flee from justice. In view of the above, he prayed that the applicant may be granted anticipatory bail.

(3.) Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.