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    The applicant, Dharambhai @ Appu Ladhuji Ode, was arrested and charged with offenses under Sections 406, 420, and 114 of the IPC and Section 66(d) of the IT Act. He applied for bail after the chargesheet was filed. The prosecution argued against bail due to the applicant's role and the nature of the offenses. However, the court noted that the investigation was complete and a co-accused was granted bail. Considering the facts, completion of investigation, parity with the co-accused, and applicable law, the court granted bail to the applicant subject to conditions including executing a bond, cooperating with investigation, and not leaving the state without

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    The applicant, Dharambhai @ Appu Ladhuji Ode, was arrested and charged with offenses under Sections 406, 420, and 114 of the IPC and Section 66(d) of the IT Act. He applied for bail after the chargesheet was filed. The prosecution argued against bail due to the applicant's role and the nature of the offenses. However, the court noted that the investigation was complete and a co-accused was granted bail. Considering the facts, completion of investigation, parity with the co-accused, and applicable law, the court granted bail to the applicant subject to conditions including executing a bond, cooperating with investigation, and not leaving the state without

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    The applicant, Dharambhai @ Appu Ladhuji Ode, was arrested and charged with offenses under Sections 406, 420, and 114 of the IPC and Section 66(d) of the IT Act. He applied for bail after the chargesheet was filed. The prosecution argued against bail due to the applicant's role and the nature of the offenses. However, the court noted that the investigation was complete and a co-accused was granted bail. Considering the facts, completion of investigation, parity with the co-accused, and applicable law, the court granted bail to the applicant subject to conditions including executing a bond, cooperating with investigation, and not leaving the state without

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    95 views5 pages

    Display PDF

    Uploaded by

    Luv Sanjay Shah
    The applicant, Dharambhai @ Appu Ladhuji Ode, was arrested and charged with offenses under Sections 406, 420, and 114 of the IPC and Section 66(d) of the IT Act. He applied for bail after the chargesheet was filed. The prosecution argued against bail due to the applicant's role and the nature of the offenses. However, the court noted that the investigation was complete and a co-accused was granted bail. Considering the facts, completion of investigation, parity with the co-accused, and applicable law, the court granted bail to the applicant subject to conditions including executing a bond, cooperating with investigation, and not leaving the state without

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    You are on page 1of 5

    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
    2/5 Cri.Misc.Appln.No.1652/2022
    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
    3/5 Cri.Misc.Appln.No.1652/2022
    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
    4/5 Cri.Misc.Appln.No.1652/2022
    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)
    5/5 Cri.Misc.Appln.No.1652/2022
    JALimbachiya­ P.S.

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