Mahesh v. State of Gujarat
In the High Court of Gujarat
R/Crl. Misc. Appl. 852/2023
Before Justice Samir J. Dave
Decided on January 23, 2023

Relevancy of the case: Anticipatory bail application in a case involving cheating by personation using computer resource

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66D)
• The Indian Penal Code, 1860 (Section 114, 406, 420)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The applicant was arrested for offences punishable under Sections 114, 420, and 406 of the Indian Penal Code, 1860, and Section 66D of the Information Technology Act, 2000.
• The applicant has prayed to release him on anticipatory bail in this application under Section 438 of the Code of Criminal Procedure, 1973.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that custodial interrogation is not necessary for these allegations. The applicant is available for investigation and will not flee from justice. He will willing to abide by all the conditions.
• The respondent’s counsel submitted that, looking at the nature and gravity of the offence, the court should not grant anticipatory bail to the applicant.

Opinion of the Bench

• The court is inclined to grant anticipatory bail to the applicant, considering the law laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra.
• Despite the anticipatory bail, the Investigating Agency can apply for remand.

Final Decision

• The court granted anticipatory bail, subject to the conditions.