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1663/2022
IN THE COURT OF 5TH ADDL.SESSIONS JUDGE,ANAND.
(Shri K.K.Shukla)

CRI.MISC.APPLICATION-SESSIONS NO.1663 OF 2022

Applicant/Accused:-
Akash @ Mr. Devis Fernandis @ Devid
Sunilbhai Macwan
Resi.at: 4/B.52, Vivekanandnagar,
Hathijan, Dascroi, Ahmedabad.
Versus
Opponent:-
GOVT. OF GUJARAT,
DGP OFFICE, ANAND.
Appearance :-
L.A. Shri J.A.Shaikh for the applicant/accused.
Ld.AGP Shri R.N.Solanki 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
Shri R.N.Solanki 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
not committed any offence whatsoever alleged by the
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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 Shri R.N.Solanki 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
Cyber Crime Police Station, Anand FIR being I-
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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
joined the company of other co-accused and gone at
Bombay for collecting the money sent by the complainant to
the Angadia Firm, and also he is identified by complainant.
Not only that, he has given his identity as an Immigration
Officer Mr. Devid Fernadis, etc., allegations made against
him. The co-accused was released on bail by this Court
hence, law of parity is applicable to the present case.
Charge-sheet is filed and offence is triable by Addl.Chief
Judicial Magistrate Court and also considering provision of
maximum punishment and further 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.1663/2022 is hereby granted.
- The applicant/accused – Akash @ Mr. Devis Fernandis @
Devid Sunilbhai Macwan, 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
3rd day of January, 2023.
(K.K.Shukla)
th
Date:03/01/2023 5 Addl.Sessions Judge,
Place: Anand. Anand.
(Code: GJ00547)