VISHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive 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 C.R.No.11191011220126 OF 2022 registered with DCB Police Station, District: Ahmedabad City for the offence punishable under Ss. 406, 419, 420 and 120(B) of the Indian Penal Code and Ss. 66(C) and 66(D) of the Information Technology Act, 2000.

(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, earlier the applicant has approached this court by way of Criminal Misc. Application R/CR.MA/1622/2023 ORDER dtd.: 10/03/2023 No. 21338 of 2022with a request to release him on bail but vide order dtd. 23/11/2022, he was permitted to withdraw such application with a liberty approach competent court after filing of the charge sheet. That, investigation of the present offence has been completed and the investigating officer has filed charge sheet against the present applicant. That, no any incriminating material whatsoever nature disclosed during the course of investigation against the applicant. On the other hand, the wife of the applicant is pregnant and is expecting a child and there is none to take care of her as the applicant has a 7 years old daughter and the motor of the applicant was passed away in the year 2019 whereas the mother in law of the applicant is suffering from cancer and is undergoing treatment. Thus, presence of the applicant is necessary to take care of his wife.

(3.) It was further submitted by the learned advocate for the applicant that there is no material in the charge sheet to connect the applicant with the receipt of any money as is alleged nor any amount has been recovered from the applicant during the course of investigation nor any trail of money is found or tracked by the Investigating Officer. That, other co-accused having identical situation are enlarged on bail and there being not reported antecedents against the applicant.