BRIJESHKUMAR (BRAJESHKUMAR) BHAGWATIPRASAD SRIVASTAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent- State.

(2.) The present successive application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (for short "CrPC") for regular bail in connection with FIR being C.R. No.11199001240909 of 2024 registered with City C Division Police Station, District Bharuch for the offences punishable under Ss. 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 (for short "IPC") and Sec. 66(c) and 66(d) of the Information Technology Act.

(3.) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered as the charge-sheet is filed. The allegation against the applicant is that he has told the complainant that there was a scheme of NSE, wherein the investment could be made and also assured of good returns pursuant to which the complainant and other relatives made investments amounting to Rs.63,94,000.00 and later on, it came to knowledge that the accused were not appointed in NSE nor they are the officers of NSE and thereby the accused have committed offence of cheating however, now the investigation is over and charge-sheet is filed and the applicant is in jail since 19/10/2024. Further, during the investigation it has been found that applicant has used accused No.3 juvenile. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.