1/5 Cri.Misc.Appln.No.

1652/2022
IN THE COURT OF 5TH ADDL.SESSIONS JUDGE,ANAND.
(Shri K.K.Shukla)

CRI.MISC.APPLICATION-SESSIONS NO.1652 OF 2022

Applicant/Accused:-
Dharambhai @ Appu Ladhuji Ode(Marwadi)
Resi.at: Resi.at: Khadwali Chali,
Nr. Jain Temple. Inside Pay & Use,
Nr. Musa Sulemanni Chawl,
Gomtipur, Ahmedabad.
Versus
Opponent:-
GOVT. OF GUJARAT,
DGP OFFICE, ANAND.
Appearance :-
L.A. Shri J.A.Shaikh for the applicant/accused.
Ld.AGP Miss V.B.Mahida for the Opponent/State.

Bail application u/s.439 of Cri.Pro.Code.

ORDER

[1] The present applicant/accused has preferred this bail

application after filing the charge-sheet u/s.439 of Cr.P.C. in
connection with the offence registered against him before
Anand Cyber Crime Police Station vide I-
C.R.No.11215041220027/2022 for the offence punishable
under Secs.406, 420 & 114 of IPC as well as u/s.66(d) of
I.T.Act.
[2] On presentation of the application, notice was issued upon
the Opponent/State and on service of the same, Ld.AGP
Miss V.B.Mahida appeared on behalf of Opponent/State.
[3] Considering the facts of application, Ld.Advocate for the
applicant/accused has argued that the Investigation Officer
has completed the whole investigation of said offence and
has filed a charge-sheet and it is numbered as Cri.Case
No.1150/2022 and now, nothing left to investigate into the
matter. Ld.Advocate has further argued that applicant has
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not committed any offence whatsoever alleged by the
prosecution nor the applicant has played any direct or
indirect role in the said offence. No provisions are
attracting of Secs.406, 420 of IPC and hence, he is falsely
implicated in the so-called crime against him. No T.I.Parade
of present applicant is made out by the Investigation
Officer. The applicant is not possessing any criminal
antecedents. The co-accused of said offence has been
enlarged on bail by this Court vide order passed in
Cri.Misc.Application No.1634/2022 and hence, law of parity
is applies to the present case. The petitioner shall abide
with all the conditions that may be imposed by this Court.
Therefore, it has been prayed to grant present application
and enlarge the applicant on bail on the suitable condtions.
[4] Ld. AGP Miss V.B.Mahida appeared on behalf of
Opponent/State and she has submitted that considering
contents of the complaint as well as perusing the case
papers, it is reveals that present applicant/accused persons
have in conspiracy with other accused persons. Further,
T.I.parade has been conducted and during that, present
applicant/accused persons alongwith others were identified
by the complainant. Thus, considering prima facie case
against the present applicant/accused, role of present
applicant/accused, nature of offence, it's gravity and it's
penal provision, it is not desirable to release the
applicant/accused on bail.
[5] Read application, affidavit filed by the Investigation Officer
and perused the case papers. Also considered the
submissions made by Ld.Advocates for respective parties.
The present application is filed by the applicant/accused
u./s.439 of Cr.P.C. as he was booked and arrested and under
judicial custody for the offence punishable U/Secs.406, 420
& 114 of IPC and u/s.66(d) of I.T.Act, registered before
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Cyber Crime Police Station, Anand FIR being I-
C.R.No.11215041220027/2022.
Considering the role of present applicant/accused, it
transpires that the charge-sheet is filed and the allegation
particularly, the present applicant/accused is that he has
jonied the company of other co-accused and gone at
Bombay for collecting the money sent by the complainant to
the Angadia Firm, etc., allegations made against him. The
co-accused was released on bail by this Court vide order
passed in Cri.Misc.Application No.1634/2022 and the
present applicant/accused has filed the bail application
before the Hon'ble Gujarat HighCourt and it was withdrawn,
with a liberty to file a fresh application after filing the
charge-sheet. So, considering the facts and circumstances
of this case with role of present applicant/accused and as
the investigation is over and also considering the principle
of parity and other things and further considering the
judgment of Hon'ble Apex Court in the case of Sanjay
Chandra Vs. CBI, reported in 2012 AIR(SC) 830, this is
a fit case to exercise discretionary power in favour of
present applicant/accused. Hence, following order is
passed.
ORDER
- Criminal Misc.Application No.1652/2022 is hereby granted.
- The applicant/accused – Dharambhai @ Appu Ladhuji
Ode(Marwadi), is hereby ordered to be enlarged on
regular bail for the offence registered against him before
Anand Cyber Crime Police Station vide I-
C.R.No.11215041220027/2022 for the offence punishable
under Secs.406, 420 & 114 of IPC as well as u/s.66(d) of
I.T.Act, on executing a bond of Rs.25,000/- (Rupees
Twenty Five Thousand Only), with one surety of like
amount to the satisfaction of concerned Trial Court and
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subject to conditions that :-
– The applicant/accused shall observe the following
conditions strictly :-
(a) Not to take undue advantage of his liberty or abuse
his liberty;
(b) Not to tamper or pressurize the prosecution
witnesses or complainant in any manner.
(c) Not to act in any manner injurious to the interest of
the prosecution.
(d) To maintain law and order and should co-operate the
Investigating Officer.
(e) Not to leave the boundary of Gujarat State without
prior permission of concerned Trial Court.
(f) The applicant has to mark his presence once in a
month before Cyber Crime Police Station,Anand
between 1st & 5th date of every month of every English
Calender between 10-00 AM to 12-00 PM regularly for
a period of one year.
(g) To furnish his residential address to the Investigating
Officer and also to Trial Court at the time of execution
of the bond and shall not change his residence without
prior permission of Trial Court.
(h) To surrender his passport, if any before the Trial Court.
If applicant/accused is not possessing any passport,
then he has to make affidavit before committal Court.
(i) Bail Bond be given before Trial Court.
(j) Yadi be sent to concerned Police Station accordingly.
Signed and pronounced in open Court, today on this
2nd day of January, 2023.

(K.K.Shukla)
th
Date:02/01/2023 5 Addl.Sessions Judge,
Place: Anand. Anand.
(Code: GJ00547)
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JALimbachiya­ P.S.