2018 Supreme(Guj) 791
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, J.
Kiritbhai Jagubhai Vala - Appellant
Vs.
State of Gujarat - Respondent
Criminal Miscellaneous Application No. 14587 of 2018, 14613 of 2018, 14615 of 2018
Decided On : 20-08-2018
P.M. Lakhani, Adv., Dhwani P Lakhani, Adv., Milan R Maruti, Adv., R.P. Lakhani, Adv., Mitesh Amin, Adv., L.B. Dabhi, Adv., H.K. Patel, Adv.
Headnote:
Code of Criminal Procedure, 1973 - Section 438 - Indian Penal Code, 1860 - Sections 364(A), 365, 384, 387, 343, 323, 504, 506(2), 170, 193 and 201 - Arms Act - Section 25(1)(A) - Bail sought - Applicants and co-accused have entered into conspiracy to abduct one and illegally detained him in a farmhouse and through him, procured whereabouts of another victim and abducted also and forcibly transferred large amount of Bit coins in the account of accused No.1 and also received an amount in cash with help of courier service - It is in this connection that the FIR came to be registered by Detective Inspector of CIT - Held, It is pertinent to observe that the present FIR is registered pursuant to incident of abduction for period, which is prior in point of time to the incident of previous FIR - It may happen that there is some interlink between the two abductions mentioned in two separate FIRs - However, it is apparent that both the FIRs refer to two independent incidents, at independent time and regarding abduction of different persons - Merely because there is some connection, more particularly the complainant of the previous FIR is accused in the present FIR, cannot be said to falsify the present FIR when sufficient evidence in the form of statements of witnesses are available to substantiate abduction, threats and transfer of money in form of Bitcoins and cash - Court is also of the opinion that as the investigation is at a crucial stage, further elaborate discussion is not necessary - Application rejected. (Paras 8, 9)
A.Y. Kogje, J.
All these applications for anticipatory bail under Section 438 of the Criminal Procedure Code are filed by the accused of I-CR No.3 of 2018 registered on 19.05.2018 with CID (Crimes), Surat Zone Police Station, Surat for offences under Sections 364(A), 365, 384, 387, 343, 323, 504, 506(2), 170, 193 and 201 of the Indian Penal Code and Section 25(1)(A) of the Arms Act.
1.1 Considering the fact that all the applicants of these applications are accused of the same CR and represented by the same Advocate, with consent of the parties, all these applications are taken up for hearing jointly.
2. It is narrated in the FIR that the applicants and co-accused have entered into conspiracy to abduct one Piyush Savaliya and illegally detained him in a farmhouse and through him, procured whereabouts of another victim Dhaval Mavani and abducted Dhaval Mavani also and forcibly transferred large amount of Bitcoins (virtual currency) in the account of accused No.1 (Shailesh Bhatt) and also received an amount of Rs. 14 lakhs in cash with help of courier service ("Aangadiya"). It is in this connection that the FIR came to be registered by Detective Inspector of CIT (Crimes).
3. In the FIR, it is alleged inter alia as under:-
3.1 On 30-1-2018, Dilip Kanani, who had made huge investment in Bitcoin, made phone call to Piyus Savaliya under the pretext of synchronizing as there was error in his laptop and called him at the road in front of Diridin Ice-cream near Sun Shine Complex, Mota Varaccha at about 18.00 hours as per the conspiracy hatched with is other accomplices and made him to sit in his blue Audi car and it was kept in running condition as the error of the laptop had to be repaired. As per the conspiracy hatched with accomplices, Piyus Savaliya was made to get down from the vehicle after some time and before Piyus Savaliya could reach near his motorcycle, one unknown person already standing on the road as per the conspiracy, stopped this victim Piyus and told him that you have extorted money from many persons in Bitcoin. At the same time, one silver colour Innova vehicle arrived from behind and the person sitting inside opened the door of the vehicle and the person standing outside pushed victim Piyus Savaliya forcibly into the vehicle. Other three persons already sitting in this vehicle in which he was abducted, snatched away mobile phone from Piyus and introduced themselves as staff of Income Tax Department and started assaulting him. The vehicle was stopped at Laskana Patiya at Surat. In the meantime, an unknown person got down from the vehicle and in place of him a person named J. K. Rajput, as stated by Piyus, got into the vehicle. Thereafter, the vehicle was taken towards Kamrej and this victim Piyus was blindfolded and they continued to threaten and interrogate him that whether Satish Kumbhaniya was the owner of this Bitconnect and you have looted many person in Bitconnect and as to who is in possession of Bitcoin and the money. They continued to threaten Piyus to give money and Bitcoin. Therefore, Piyus gave the name of Dhaval Mavani, resident of Surat and partner of Bitconnect to the abductors. However, the other details of Dhaval Mavani and information of office and residence address was not given by Piyus. As it became dark after some time, blindfold was removed from the eyes of Piyus.
3.2 It is further alleged in the FIR that we are not from IT department. After stating this, they started slapping him and during this time, the victim informed the residence address of Dhaval Mavani. After sometime, he was blindfolded again and the victim stated in Innova vehicle that Shailesh Bhatt and others have lost 60 crore rupees in Bitconnect. He was abused in vulgar language and asked to give back this money and he was threatened with life by placing firearm on his head. After the vehicle was driven for some time, it was taken to one farm house. His blindfold was removed and he was assaulted and he was confined t