MAZHAR ALI ANWAR ALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule for and on behalf of respondent ' State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith C.R.No.11210062230065 of 2023 registered with Cyber Crime Police Station, Surat City, for the offence punishable under Ss. 406, 419, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code and under Sec. 66(D) of the Information Technology (Amendment) Act, 2008.

(3.) Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that applicant has been arrested on 2/9/2023 and since then he is in judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. It is alleged that present applicant accused has impersonated himself as Mehul Rajput and received undue benefit from the complainant. As per the case of the prosecution, total Rs.19,28,500.00 have come in the account of the applicant accused. The said account is joint account. The applicant was a salaried employee of the firm and at the most it can be said that applicant accused has received the benefit of amount of Rs.6.00 lakh and applicant is ready and willing to deposit the said amount of Rs.6.00 lakh before the learned Trial Court if some time may be granted. Learned advocate for the applicant submits that brother-in-law of the applicant has filed an undertaking wherein it is specifically stated that applicant shall deposit an amount of Rs.1,50,000.00 before the learned Trial Court within a period of two weeks from the date of his release and remaining amount of Rs.4,50,000.00 shall be deposited before the learned Trial Court within a period of three months. Learned advocate for the applicant submits that applicant shall also file an undertaking to the aforesaid effect before the learned Trial Court within a period of one week from the date of his release. Thus, considering the aforesaid factual aspects, applicant may be enlarged on bail.