JEET RAJESHBHAI SAIJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR being CR NO.I-82 of 2016 registered with DCB Police Station, Dist.- Ahmedabad, for the offences punishable under Sections 406 , 419 , 420 , 120-B of the Indian Penal Code, 1860 and Section 66-B(d) of the Information Technology Act, 2000.

(2.) Learned Advocate Mr. Dagli for the applicant submitted that the applicant is sought to be involved in the offences alleged just on wrong informations supplied by the co-accused to the effect that it was the applicant who used to supply details about the foreign customers from his e-mail IDs. He submitted that the applicant has filed additional affidavit clearly stating that the applicant is not in any manner associated with the e-mail addresses referred in the FIR stated to have been given by the co-accused. He submitted that the e-mail addresses referred in the FIR do not belong to the applicant. He submitted that if during the course of the investigation or subsequently if it is found that such e-mail addresses are of the applicant or the applicant had associated himself with such e-mail addresses, the applicant will have no objection if the bail granted by this Court is cancelled. He, therefore, urged to exercise discretion in favour of the applicant under Section 438 of the Code.

(3.) Learned APP Ms. Thakkar on the other hand submitted that in connection with the e-mail addresses stated to be of the applicant, the Investigating Officer has sought for confirmation of the concerned companies which is still awaited. She submitted that when the co-accused in terms has stated that it was the applicant who used to give informations/details of customers through his e-mails, and since the investigation is in progress, the Court may not exercise the discretion in favour of the applicant under section 438 of the Code.