IN THE COURT OF HON’BLE DISTRICT & SESSIONS JUDGE, PATAN, GUJARAT.

CRIMINAL MISC. APPLICATION NO. ______OF 2024.

 (Under Section 439 Cr.P.C.)

__________________          …… Applicant

V e r s u s

_________________                             ……. Respondent

Application for grant of Regular Bail Under Section 439 of Cr.P.C. in connection with the Offence Registered in FIR No.________- DATED ____________ for the Offences punishable U/s 406, 420, 34, 120B IPC R/w Section 66(c), 66(d) & 84(c) I.T Act, registered with the B Division __________, Gujrat.

To,

The Hon’ble District and Sessions

Judge at __________ and

Other Hon’ble Judges of the District

& Session Court at _____________, ________

The humble application of

The Applicant above named:

1.          That the Applicant by way of present application under Section 439 of the Criminal Procedure Code, 1973, the Applicant prays that this Hon’ble Court may kindly grant regular bail to the present Applicant in connection with F.I.R. being C.R.No._____________ of 2022 dated _______________ registered with B Division _______ City ______Police Station, _________, for the alleged offence punishable under Sections 406, 420, 34 and 120-B of IPC along with Sections 84(D), 66(C) & 66(D) of the Information Technology Act. A copy of the said FIR dated __________ is annexed herewith and marked as ANNEXURE-A.

2.          On __________, that is after registration of the FIR, the Investigating Officer has, upon certain further investigation, submitted a report to the learned Trial Court, _______ stating that in view of the further investigation, Sections 406, 409, 420, 465, 467, 468, 471, 471, 472, and 120(B) of IPC should be added. On this Report, the learned Chief Judicial Magistrate, _____ has by its order dated ________, ordered that the said Report to be placed along with the FIR and aforesaid sections may be added. A copy of the application along with the order dated ________- passed by the Court for adding sections is annexed herewith and marked as ANKEXURE-B (colly).

3.          As per the case of the prosecution, the complainant it is alleged in the FIR that the complainant namely Mr. ___________________ around __________ had visited the house of his friend Mr. ____________ and at that time Complainant was informed about the ________application wherein his friend informed that whatever amount is deposited in the mobile application he would receive 0.75% profit on that amount.

4.          It is narrated in the FIR that therefore the complainant downloaded the application firstly invested Rs. _____-/- had he used to bet on football matches. It is stated in the FIR that on different dates the Complainant made transactions of different amounts and between ________ he had invested an amount of Rs. __________/-.

5.          It is further alleged in the FIR that initially the complainant did receive the profit of 0.75% by betting on football matched. Hence including the profit earned the balance in his account was Rs. ___________/-.

6.          It is further alleged in the FIR that as per the notices issued in the application as and when a customer would introduce more users by reference the charge for withdrawal of the amount would reduce with increasing levels. Otherwise at level 1 the charge for withdrawing the accumulated amount was 10%.

7.          However, it is alleged in the FIR that on ___________ when the Complainant tried to open the application he could not find it and hence the money accumulated and invested by him was syphoned away by the makers of the __________________ application.

8.          It is further that Complainant lost an amount of Rs.____________/- whereas his friends one Mr. ___________ lost an amount of Rs________/-; another _______________ lost Rs. ________/- and lastly one ______________ lost Rs. 2,000/-. Therefore the impugned FIR has been filed alleging loss of total amount of Rs.__________/-.

9.          It is submitted that the main FIR has been registered against various accused persons including the present Applicant which is in connection with the same offence and as part of the same alleged fraud by another complainant vide F.I.R. being C.R.No. _______________of _____ dated __________ registered with Cyber Crime Police Station, __________.

10.       In pursuance thereof on _________ at about _______ in the evening, the Police authority has arrested the present Applicant. Thereafter, on __________, the Applicant had applied for being released on regular bail before the Ld. Trial Court at _______ vide Criminal Misc. Application No,4 of 2023 for releasing the Applicant in connection with aforesaid FIR. Upon considering the all facts, the said application of the Applicant was rejected by the Trial Court vide its order dated ________. However thereafter the Applicant approached this Hon'ble Court vide Cr.M.A. No. __________ and wherein this Hon'ble Court has by its order dated ___________ granted bail to the Applicant. A copy of the order dated ___________ passed by this Hon’ble Court in Cr.M.A. No. ______ of ___-is annexed herewith and marked as ANNEXURE-C.

11.       Thereafter in respect of the present FIR, on ________, the Police has filed charge-sheet before the trial Court in Criminal Case No.___________, wherein the present Applicant has been named as Accused No.l. A copy of the charge-sheet dated __________ filed by the Police is annexed hereto and marked as ANNEXURE 'D'.

12.       In the said charge-sheet, it is stated that about 4 victims of the DaniData application have deposited in all total amount of Rs _________/- in the account of ____________, in which, Applicant is one of the Directors. The said amount has been deposited in _______ Bank, having A/c No___________. It is further alleged in the charge-sheet that the present Applicant used to receive commission from the owner of the DaniData application to the tune of Rs. __________/- p.m.

13.       Upon filing of the charge-sheet, the present Applicant had once again on ________ moved another application for being released on bail after charge- sheet being Criminal Misc. Application No.__________, wherein by order dated __________, the Hon’ble 2^nd Additional Session Judge, _______, has dismissed the said bail application of the present Applicant. Copy of the bail application along with the order dated _______________ passed in Criminal Misc. Application No. ___________ are annexed herewith and marked as ANNEXURE-E (colly).

14.       However, it is noteworthy that in the meanwhile other accused persons including the Applicant in respect of the other FIR mentioned above, which is the main FIR, being C.R.No. _________________ of 2022 dated _________ have been enlarged on bail in similar offence:

i)      Applicant has been enlarged on bail by this Hon’ble Court in CrMA _____ of ________by order dated __________.

ii)     Accused No. 1 Mr. _________ has been granted bail by the trial Court on _________.

iii)    Whereas the Accused No. 4, who is the Director of ________, Mr. __________ was granted bail by the Hon’ble High Court on ___________.

iv)    Accused No. 5 Mr. __________ has been granted bail by trial Court on the very next day of rejecting Applicant's application that is on __________.

v)     Accused No. 8 Mr. _________________ _ has been granted bail by the Hon’ble High Court vide order dated --------------.

Copies of the bail order granted in favor of other accused persons are annexed herewith and marked as ANNEXURE-F (colly).

15.       Therefore, the Applicant has preferred the present application praying for regular bail on the following amongst other grounds:

A.  That, the present Applicant is the law-abiding citizen, reputed and a well-educated person of the society and he is the only bread winner in his family.

B.  The Applicant is nowhere connected with the Affairs of the DaniData Application, even as per the case of the Police.

C.  Though the allegations against the present Applicant is that the Applicant was earning commission in respect of the account maintained in the name of the company ___________., wherein Applicant was shown to be one of the Director, the said amount which has been alleged against the said company is freezed by the Police and therefore the entire allegation regarding syphoning away of the alleged amount is already available with the Police and therefore, also the present Applicant may be enlarged on bail.

D. There are 56 witnesses named in the said Charge sheet and hence the trial will take several years. The Applicant under takes to abide by any condition that may be imposed upon by this Hon’ble Court. The Applicant will cooperate with the investigation. Hence looking to the fact that trial will take long time to conclude, the Applicant may be enlarged on bail.

E.  The Applicant further undertakes to abide by all the terms and conditions that may be imposed while granting the bail to him. The present Applicant further undertakes that he will remain present on all the adjournment before the court of law till the completion of trail.

F.  That the prosecution case against the Applicant is totally false, frivolous and baseless and there is nothing on record to prove that the Applicant had committed any offense as alleged in the first information report.

G. That the Applicant is totally innocent of the charges leveled against him by the prosecution and there is no credible and legal evidence against the Applicant. 

16.       That the Applicant has no motive whatsoever to commit the aforesaid offence.

17.       That the Applicant has no previous criminal history and if enlarged on bail, will not abscond or tamper with the evidence and is ready to furnish reliable sureties to the satisfaction of the court concerned.

18.       The Applicant has not filed any other application or petition in the same subject matter either before this Hon’ble Court or before the Hon’ble Supreme Court of India except stated above.

19.       The Applicant therefore prays that this Hon’ble Court may;-

(A)        Be pleased to allow this application;

(B)        Be pleased to releasing the present Applicant by granting regular bail in connection with the F.I.R. being C.R.No. ________________ of _______dated ________ registered with B Division _________ city police station, __________, and Criminal Case No. ______ Dated on ________ upon any suitable terms and conditions in the interest of justice that this Honorable Court may be pleased to impose upon the present Applicant;

(C)        Be pleased to grant interim relief in terms of Para 19B above;

(D)        Be pleased to dispense with the affidavit of the Applicant as he is in Jail;

(E)        Be pleased to pass any other appropriate order in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE APPLICANT SHALL AS ARE DUTY BOUND FOR EVER PRAY.

PLACE: ___________                                  APPLICANT

(IN JUDICIAL CUSTODY)

DATED:

_____________________

Advocates for the Applicant