CHIRAG HARENDRAKUMAR PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Under the provision of Criminal Procedure Code, Section 438 (hereinafter referred to as Code) read with Section 120(b), 418, 419, 420, 467, 471 of IPC, present applicants have prayed for Regular Bail which offences are registered at Kishanwadi Police Station as I­CR No.85/2015.

(2.) Originally at Ahmedabad Zonal Office of Enforcement Directorate has registered offence dated 26th March, 2015 vide case file No.ECIR/03/ANZO/2015 and subsequently converted to regular PMLA complaint case No.8/2015 dated 15.06.2015. During the investigation, ED has provided same material to Kishanwadi Police Station, revealed use of Sim­Cards, which were obtained by a way of forged documents so FIR bearing No.I CR No.85/2015 for the offence punishable under Section 120B, 418, 419, 420, 467, 471 of IPC which was registered at Kishanwadi Police Station against both the applicants including other accused.

(3.) In above mentioned FIR, CR No.85/2015, during the course of investigation of open gambling case, it came to the light that the concerned accused are involved in online betting and they are arrested in the said gambling case and further alleged that the present applicants were partners in verbal partnership firm called Maruti Ahmedabad which was indulging in betting activities in different Districts and States. It is also a case of the complainant that on 19.03.2015 one raid was conducted by ED in s farm­house situated in Vadodara and around 147 mobile phones came to be recovered and around 108 sim cards were also recovered which were handed over by the ED to Vadodara Police for further investigation. During the investigation, total 61 sim cards based on the information received from the service providers revealed that 10 out of the 61 sim cards belonging to the accused persons arrested in connection with the gambling case and another 12 out of the 61 sim cards belonging to the respective relatives of the accused persons arrested in connection with the gambling case. Remaining 39 sim­cards were in the name of the persons who were neither the accused of the gambling case nor the respective relatives. One sim­card bearing No.846066620 was in the name of one lady viz. Pushpaben Gupta, who in her statement before the Investigating Officer has stated that she has never applied for such sim­card nor had she signature on the application form. Further alleged in complaint that another sim card bearing No.8980022741 was in the name of Kanubhai Thakkar, Proprietor of Shanti Jute Corporation which firm was not found at the address mentioned in the subscriber form. Two of the accused arrested in the said gambling cases and the present applicants had therefore committed various offences punishable under the IPC for the purpose of carrying such betting activities and thus on the basis of the allegation made by the complainant in his complaint, said complaint was registered. Kishanwadi Police started investigation. Since the applicants apprehended arrest in connection with said FIR moved under Section 438 of Cr.P.C. before learned District and Sessions Judge, Vadodara for enlarging on anticipatory bail and it was submitted then that applicant has surrendered themselves before learned JMFC Court and accused was sent to the Police Custody and remand was obtained and then statements and other procedure was followed by the Investigating Agency and then charge­sheet was filed. Application for bail was filed before learned Sessions Judge and that was dismissed. In result of that dismissal order, present bail applications have been filed by both the applicants.