Allowed

Sureshbhai Kamrajbhai Vora v. State of Gujarat

Gujarat HC16 Mar 2022CR.MA/2059/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the High Court of Gujarat granted regular bail to Sureshbhai Kamrajbhai Vora under Section 439 CrPC. The court noted the missing principal accused and lack of forensic inspection as key factors for exercising discretion in favor of the applicant.

What did the court decide?

Release on regular bail against a personal bond of Rs.15,000/- with one surety of the like amount, subject to specific conditions.

Sureshbhai Kamrajbhai Vora Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2022)

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R/CR.MA/2059/2022 ORDER DATED: 16/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC. APPLICATION NO. 2059 of 2022

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SURESHBHAI KAMRAJBHAI VORA

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Versus STATE OF GUJARAT

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Appearance:

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MR P P MAJMUDAR (5284) for the Applicant(s) No. 1 MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 16/03/2022

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ORAL ORDER

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This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being Fir No.11215041210028 registered with Anand Cyber Crime Police Station, District : Anand for offences punishable under sections 406, 465, 467, 468, 471 and 120B of IPC, sections 66(c) and 66(d) of the I.T. Act and sections 34, 35 and 37 of the Aadhar (Targeted Delivery of Financial & Other Subsidies, Benefits and Services) Act, 2016.

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Learned advocate for the applicant submitted that the allegation against the applicant is of developing a duplicate software, which was used by the owner of the Fair Price Shop for generating fake finger-prints of customers. It is also alleged that the owner of the Fair Price Shop had created fraudulent Online Bills through the duplicate software. However, the

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Page 1 of 4

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R/CR.MA/2059/2022 ORDER DATED: 16/03/2022

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owner has not been made an accused in the case and on the basis of an anonymous letter, the applicant has been made the sole accused in the case. Further, no inspection was carried out as regards the quantity of food-grans available at the concerned Fair Price Shop. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

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Learned APP submitted that the alleged offence is an offence against the society and public at large and therefore, strict view deserves to be taken against the applicant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

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Heard learned advocates on both the sides and perused the material on record. As per the report produced by the learned APP, the owner of the concerned Fair Price Shop is on the run and he has not been made an accused in the case. There is nothing on record to suggest the alleged modus operandi of the applicant of putting to use the alleged duplicate software in connivance with the owner of the Fair Price Shop. Considering the above aspects and the fact that trial will take its own time to conclude, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

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Page 2 of 4

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R/CR.MA/2059/2022 ORDER DATED: 16/03/2022

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the complaint being being Fir No.11215041210028 registered with Anand Cyber Crime Police Station, District : Anand on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave India without prior permission of the concerned trial court;

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[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue

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R/CR.MA/2059/2022 ORDER DATED: 16/03/2022

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warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

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Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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(GITA GOPI, J)

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PRAVIN KARUNAN

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Sureshbhai Kamrajbhai Vora v. State of Gujarat

Case brief

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Sureshbhai Kamrajbhai Vora v. State of Gujarat

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