Jigneshkumar Nareshbhai Prajapati v. State of Gujarat
In the High Court Of Gujarat
R/Crl.M.A. 3398/2023
Before Justice U.A. Trivedi
Decided on February 16, 2023

Relevancy of the Case: Anticipatory bail application in a case involving FIR and cross FIR with allegations of rape, extortion, and cheating by personation

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Indian Penal Code, 1860 (Section 120(b), 354A, 354D, 376(2)(n), 384, 388, 389, 506(1))

Relevant Facts of the Case

• The applicant stalked the first informant, who had previously levelled rape allegations against the main accused. The main accused had obtained anticipatory bail from the court.
• In turn, the main accused also filed an FIR against the first informant and the two other accused for attempted extortion, identity theft, and cheating by personation using a computer resource.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that custodial interrogation was unnecessary. He will abide by all the conditions if the court grants him bail.
• The respondent’s counsel submitted that the court should not grant him anticipatory bail due to the gravity of the offence.

Opinion of the Bench

• Allegations made against the applicant do not require custodial interrogation.

Final Decision

• The court granted anticipatory bail to the applicant.