Single judge order granting bail to the applicant in a cyber crime case involving IPC 406, 420, 120-B and IT Act offences, subject to bond execution and specific conditions.
Bail granted on bond of Rs.1,00,000 with one solvent surety of the like amount subject to specific conditions of residence and appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/7707/2021 ORDER DATED: 05/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7707 of 2021
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HIMANSHU DESHRAJ GUPTA
Versus STATE OF GUJARAT
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Appearance:
MR ANKIT SHAH(6371) for the Applicant(s) No. 1 MR. HARSHAD D BAROT(7287) for the Applicant(s) No. 1 MR. MN MARFATIA(6930) for the Respondent(s) No. 1 MR MANAN MEHTA APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 05/08/2021
ORAL ORDER
This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.II-11191067200144 of 2020 with Cyber Crime Police Station, Ahmedabad City for the offences punishable under Sections 406, 420, 120-B of IPC and under Sections 66 (C) and 66(D) of IT Act.
(i) Charge sheet is filed. (ii) The incriminating material is in the custody of the Investigating Agency and therefore there is no
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R/CR.MA/7707/2021 ORDER DATED: 05/08/2021
likelihood or possibility of tampering with the same and therefore present application deserves consideration.
(iii) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.
(iv) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.
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R/CR.MA/7707/2021 ORDER DATED: 05/08/2021
bond and shall not change the residence without prior permission of Sessions Court concerned;
(S.H.VORA, J)
sompura
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2 issues framed by the court
Whether bail in the present case can be granted under Section 439 of the Code of Criminal Procedure.
Whether the conditions imposed can be considered sufficient to ensure appearance and prevent tampering with evidence.
1 provisions across 1 enactments
HIMANSHU DESHRAJ GUPTA
STATE OF GUJARAT
S.H.VORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
