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2022 Supreme(Online)(Guj) 7725

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 10798 of 2022 ==========================================================

SURSEHKUMAR B. SHUKLA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR AZIZ N ALVI(1366) for the Applicant(s) No. 1 MR GAJENDRASINGH R RANA(10563) for the Applicant(s) No. 1 MR. RONAK RAVAL ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 04/07/2022

ORAL ORDER

Heard learned advocate Mr Aziz N Alvi for the applicant and learned APP Mr. Ronak Raval for the respondent State no.1.

2. By way of this application, the applicant apprehends his arrest in connection with FIR bearing I CR. No. 7 of 2021 for the offences punishable under Section 386, 420, 170 of the Indian Penal Code registered with the CID Crime Ahmedabad Zone, seeks to be released on anticipatory bail .

3. It appears that the applicant before this Court is running an organisation which goes by the title “ National Crime Investigation Bureau “, and whereas the allegation against the applicant in the FIR being that the present applicant, was involved in a racket of extortion, more particularly, the present applicant having given appointment to one Hemal Milanbhai Shah who has approximately six offences registered against her more particularly for six affairs registered against her for the offences punishable under Section 394, 384, 323, 506 (2) etc. and whereas the allegation in the FIR is that the said person , was using the name of the organisation to extort money from people.

4. Learned advocate Mr. Alvi on behalf of the present applicant would submit that the present applicant is a respectable citizen, more particularly the present applicant being the Chairman-Director General of the National Crime Investigation Bureau. Learned advocate would submit that the applicant is engaged in activities, whereby the persons associated with the organisation, help the local police. Learned advocate would submit that the present applicant is not engaged in any illegal activities whatsoever and whereas learned advocate has relied upon certificates issued by various dignitaries, which are annexed with the present application. Learned advocate would submit that having regard to the same, the present applicant may be released on anticipatory bail by this Court.

5. This application is vehemently objected to by learned APP for the respondent State. Learned advocate Mr. Raval would submit that the present applicant, who runs the organization named National Crime Investigation Bureau, the title itself would show that the organisation, is attempting to masquerade, as an organisation of the Government of India. Learned advocate would further submit that that the applicant, by taking money from people, joined such persons in the organisation and whereas if the persons concerned after joining the organisation are given an identity card and an appointment letter. A copy of one such appointment letter as well as an identity card is provided by learned APP for the perusal of this Court. Learned APP would submit that the FIR itself, have been lodged, more particularly upon the present applicant, having written a letter to the Superintendent of Police (Rajkot Rural ), introducing a member of the organisation named Dipak Kumar Vyas, who have been appointed in the organisation and who was asked to co-ordinate with the police officials concerned and whereas since the entire set up appeared to be suspicious, the Superintendent of Police, had requested the Director General of Police (CID crime and Railways) to investigate the entire issue. It is upon such letter that the FIR according to learned APP, appears to be filed. Learned APP would submit that using the misleading title of the organisation, the co-accused, who was engaged in various criminal activities, including serious activities of extortion etc and whereas prima facie it appears that the present applicant, was also in close contact with the said accused, which would show that the present applicant also in all probability, was engaged in the criminal activity. Learned APP would submit that the misleading title of the organisation, is such that even dignitaries, certificate of whom, have been annexed, under the impression that the organisation is an organisation which is under the auspices of the Government of India, have sent congratulatory messages etc to the organisation. Learned APP would

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