IN THE COURT OF THE HON'BLE DISTRICT & SESSIONS JUDGE, District court place, GUJARAT
CRIMINAL MISC. APPLICATION NO. Criminal misc. application number OF Year of criminal misc. application
(Under Section 439 of the Code of Criminal Procedure, 1973)
Applicant's nameApplicant's descriptor Applicant
V e r s u s
Respondent's nameRespondent's designation. Respondent
APPLICATION FOR GRANT OF REGULAR BAIL UNDER SECTION 439 OF THE CR.P.C. IN CONNECTION WITH THE OFFENCE REGISTERED IN FIR NO. FIR number DATED FIR date FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 34 AND 120-B OF THE I.P.C. READ WITH SECTIONS 66(C), 66(D) AND 84(C) OF THE I.T. ACT, REGISTERED AT THE B DIVISION Police station name, GUJARAT
To,
The Hon'ble District and Sessions Judge at District court place, Gujarat, and the other Hon'ble Judges of the District & Sessions Court at City name, Gujarat.
The humble application of the Applicant above named:
MOST RESPECTFULLY SHOWETH:
1.That the Applicant, by way of the present application under Section 439 of the Code of Criminal Procedure, 1973, prays that this Hon'ble Court may kindly grant regular bail to the Applicant in connection with F.I.R. being C.R. No. FIR number of Year of FIR dated FIR date, registered with the B Division City name City Police Station, Police station name, for the alleged offences punishable under Sections 406, 420, 34 and 120-B of the I.P.C. along with Sections 84(D), 66(C) and 66(D) of the Information Technology Act. A copy of the said FIR dated FIR date is annexed herewith and marked as ANNEXURE-A.
2.That on Date of further investigation report, that is, after the registration of the FIR, the Investigating Officer, upon carrying out further investigation, submitted a report to the learned Trial Court, Trial court name, stating that, in view of the further investigation, Sections 406, 409, 420, 465, 467, 468, 471, 472 and 120-B of the I.P.C. ought to be added. Upon the said Report, the learned Chief Judicial Magistrate, Place of Chief Judicial Magistrate, by its order dated Date of CJM order adding sections, directed that the said Report be placed along with the FIR and that the aforesaid sections be added. A copy of the application along with the order dated Date of CJM order adding sections passed by the Court for adding the sections is annexed herewith and marked as ANNEXURE-B (colly).
3.That, as per the case of the prosecution, it is alleged in the FIR that the complainant, namely Mr. Complainant's name, at around Date complainant learned of application, had visited the house of his friend, Mr. Complainant's friend's name, and at that time the complainant was informed about the Application name application, wherein his friend informed him that whatever amount is deposited in the said mobile application, he would receive Profit percentage profit on that amount.
4.That it is narrated in the FIR that, therefore, the complainant downloaded the application and first invested an amount of Rs. Initial investment amount (₹)/-, which he used for betting on Nature of betting event. It is stated in the FIR that, on different dates, the complainant made transactions of different amounts, and between Start date of transactions and End date of transactions he had invested an amount of Investment amount (₹)/-.
5.That it is further alleged in the FIR that, initially, the complainant did receive the profit of Profit percentage on his betting. Hence, including the profit earned, the balance in his account was Rs. Account balance including profit (₹)/-.
6.That it is further alleged in the FIR that, as per the notices issued in the application, when a customer would introduce more users by referral, the charge for withdrawal of the amount would reduce with increasing levels. Otherwise, at level 1, the charge for withdrawing the accumulated amount was Level 1 withdrawal charge.
7.That, however, it is alleged in the FIR that on Date application became inaccessible, when the complainant tried to open the application, he could not find it, and hence the money accumulated and invested by him was siphoned away by the makers of the Application name application.
8.That it is further stated that the complainant lost an amount of Rs. Loss amount to complainant (₹)/-, whereas his friend, one Mr. First victim's name, lost an amount of Rs. Loss amount to first victim (₹)/-; another, Second victim's name, lost Rs. Loss amount to second victim (₹)/-; and lastly, one Victim's name lost Rs. Loss amount to Dhruv Bhaitya (₹)/-. Therefore, the impugned FIR has been filed alleging a total loss of Rs. Total loss amount (₹)/-.
9.That it is submitted that the main FIR has been registered against various accused persons, including the present Applicant, 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. Main FIR number of Year of main FIR dated Date of main FIR, registered with the Cyber Crime Police Station, Place of cyber crime police station.
10.That in pursuance thereof, on Date of applicant's arrest at about Time of applicant's arrest, the police authorities arrested the present Applicant. Thereafter, on Date of first bail application, the Applicant applied for release on regular bail before the learned Trial Court at Trial court place, vide Prior bail application number, for release in connection with the aforesaid FIR. Upon consideration of all the facts, the said application of the Applicant was rejected by the Trial Court vide its order dated Date of rejection of first bail application. Thereafter, the Applicant approached this Hon'ble Court vide Cr.M.A. No. Cr.M.A. number of prior bail application of Year of prior Cr.M.A, wherein this Hon'ble Court, by its order dated Date of bail grant by Sessions Court, granted bail to the Applicant. A copy of the order dated Date of bail grant by Sessions Court passed by this Hon'ble Court in Prior bail application number is annexed herewith and marked as ANNEXURE-C.
11.That thereafter, in respect of the present FIR, on Date of filing charge-sheet, the police filed a charge-sheet before the Trial Court in Criminal Case No. Criminal case number of Year of criminal case, wherein the present Applicant has been named as Accused No. 1. A copy of the charge-sheet dated Date of charge-sheet filed by the police is annexed hereto and marked as ANNEXURE-D.
12.That in the said charge-sheet, it is stated that about Number of victims victims of the Application name application had deposited in all a total amount of Rs. Total deposited amount (₹)/- in the account of Company name, of which the Applicant is one of the Directors. The said amount was deposited in Bank name Bank, having A/c No. Bank account number. It is further alleged in the charge-sheet that the present Applicant used to receive commission from the owner of the Application name application to the tune of Rs. Monthly commission amount (₹)/- per month.
13.That upon the filing of the charge-sheet, the present Applicant once again, on Date of second bail application, moved another application for release on bail after the charge-sheet, being Criminal Misc. Application No. Second bail application number of Year of second bail application, wherein, by order dated Date of dismissal of second bail application, the Hon'ble 2nd Additional Sessions Judge, Place of Additional Sessions Judge, dismissed the said bail application of the present Applicant. Copies of the bail application along with the order dated Date of dismissal of second bail application passed in Criminal Misc. Application No. Second bail application number of Year of second bail application are annexed herewith and marked as ANNEXURE-E (colly).
14.That, however, it is noteworthy that, in the meanwhile, the other accused persons, including the Applicant, in respect of the other FIR mentioned above, which is the main FIR being C.R. No. Main FIR number of Year of main FIR dated Date of main FIR, have been enlarged on bail in similar offences:
(i)The Applicant has been enlarged on bail by this Hon'ble Court in Cr.M.A. CrMA number of applicant's prior bail of 2023 by order dated Date of applicant's prior bail order.
ii)Accused No. 1, Accused No. 1's name, has been granted bail by the trial Court on Date Accused No. 1 granted bail.
iii)Accused No. 4, Accused No. 4's name, who is the Director of Company name, was granted bail by the Hon'ble High Court on Date Accused No. 4 granted bail by High Court.
iv)Accused No. 5, Accused No. 5's first name Accused No. 5's last name, has been granted bail by the trial Court on Date Accused No. 5 granted bail, being the very next day after the rejection of the Applicant's application.
v)Accused No. 8, Accused No. 8's first name Accused No. 8's last name, has been granted bail by the Hon'ble High Court vide order dated Date Accused No. 8 granted bail by High Court.
Copies of the bail orders granted in favour of the other accused persons are annexed herewith and marked as ANNEXURE-F (colly).
15.The Applicant has, therefore, preferred the present application praying for regular bail, inter alia, on the following grounds:
A. That the present Applicant is a law-abiding citizen, a reputed and well-educated member of society, and the sole breadwinner of his family.
B. That the Applicant is nowhere connected with the affairs of the Application name Application, even as per the case of the Police.
C. That although the allegation against the present Applicant is that he was earning commission in respect of the account maintained in the name of Company name, wherein the Applicant was shown to be one of the Directors, the amount alleged against the said company has been frozen by the Police; the entire amount alleged to have been syphoned away is therefore already with the Police, and on this ground also the present Applicant may be enlarged on bail.
D. That there are 56 witnesses named in the said chargesheet, and hence the trial will take several years to conclude. The Applicant undertakes to abide by any conditions that may be imposed by this Hon'ble Court and to cooperate with the investigation. Having regard to the fact that the trial will take a long time to conclude, the Applicant may be enlarged on bail.
E. That the Applicant further undertakes to abide by all the terms and conditions that may be imposed while granting bail to him, and further undertakes to remain present on every adjourned date before the court of law until the completion of the trial.
F. That the prosecution case against the Applicant is wholly false, frivolous and baseless, and there is nothing on record to prove that the Applicant committed any offence as alleged in the first information report.
G. That the Applicant is entirely innocent of the charges levelled against him by the prosecution, and there is no credible and legally admissible evidence against the Applicant.
16.That the Applicant had no motive whatsoever to commit the aforesaid offence.
17.That the Applicant has no previous criminal history, and if enlarged on bail, he will not abscond or tamper with the evidence, and is ready to furnish reliable sureties to the satisfaction of the court concerned.
18.That the Applicant has not filed any other application or petition in respect of the same subject matter either before this Hon'ble Court or before the Hon'ble Supreme Court of India, except as stated above.
19.It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
(A)Allow the present application;
(B)Release the present Applicant by granting him regular bail in connection with the F.I.R. being C.R. No. FIR number of Year of FIR dated FIR date, registered with Police station division City name City Police Station, Police station place, and Criminal Case No. Criminal case number of Year of criminal case number dated Date of criminal case filing, upon such suitable terms and conditions in the interest of justice as this Hon'ble Court may be pleased to impose upon the present Applicant;
(C)Grant interim relief in terms of paragraph 19(B) above;
(D)Dispense with the affidavit of the Applicant, as he is in jail;
(E)Pass any other appropriate order in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE APPLICANT, AS IS DUTY BOUND, SHALL EVER PRAY.
PLACE: Place of signingAPPLICANT
(IN JUDICIAL CUSTODY)
DATED:
Advocate's name
Advocates for the Applicant