Anticipatory bail granted based on minimal involvement and absence of previous convictions, emphasizing judicial discretion and consideration of the nature of accusations.

ORDER :

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11201018240004 of 2024 registered with C.I.D Cyber Crime Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 409, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 and Sections 66(C) and 66(D) of the IT Act.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. Applicant is not named in the FIR, during the investigation, his name is surfaced. The allegations against the present applicant is that he has given the account to the co-accused on rent and the applicant has transferred Rs. 50,000/- in the account of Vipul Limbachiya and Rs.40,000/- in the account of wife of Tejas Patel, except this no allegation is levelled. It is submitted that there is no money trail. Considering the aforesaid, in his account whatever amount he has received, the said amount is further transferred and his account is used, except no allegations are levelled. It is submitted that the co-accused is having greater role is also enlarged on bail by the Co-ordinate Bench of this Court. Substantial part of investigation is over and 11 accused are released. No antecedent is reported against the applicant. Now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. He has submitted that present applicant is involved in the offence and parity is not a ground to enlarged the applicant on bail. It is submitted that the applicant has allowed to use his account on rent and money trail is found and he has transferred amount of Rs.50,000/- towards the commission to the account of co-accused and hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.

4. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects.

(1) Offence is not punishable with life imprisonment or death penalty;

(2) Alleged offence is of 11.03.2024;

(3) No antecedent is reported against the present applicant;

(4) the role attributed to the present applicant is that he has transferred Rs. 50,000/- in the account of Vipul Limbachiya and Rs.40,000/- in the account of wife of Tejas Patel, except this no role is attributed;

(5) there is no overt-act or direct involvement on the part of the present applic