Vishal v. State of Gujarat
In the High Court of Gujarat
R/Crl.M.A. 1622/2023
Before Justice Samir J. Dave
Decided on March 10, 2023

Relevancy of the case: Bail application in a case involving identity theft and financial fraud

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Section 406, 419, 420, 120B)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The court permitted the applicant director of the company to withdraw the request for bail on liberty and approach the court after the police filed the chargesheet.
• Upon completing the investigation, the authorities filed the chargesheet.
• The learned Sessions Court believed the applicant was the main culprit, so the judge rejected the bail application.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the investigation of the present offence is concluded, and there is no substantial evidence backing the present offence filed against the applicant. The counsel further submitted that no amount had been recovered from the applicant during the investigation.
• The public prosecutor opposed the bail because of the offence’s gravity. She asserted that the applicant, being the director and main accused, played a crucial role in the offence.

Opinion of the Bench

• The court leaned in favour of the Sessions Court’s observations, considering the seriousness of the offence and the applicant’s significant role.

Final Decision

• The bench rejected the bail application.

Sreekutty R, an undergraduate student at National Law University Odisha, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.