Guddukumar Nandlal Rai v. State Of Gujarat
In the High Court of Gujarat
R/CR.M.A. 13196/2020
Before Justice A G Uraizee
Decided on September 29, 2020

Relevancy of the case: Regular bail in a case involving counterfeiting of Aadhaar cards

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66B, 66C, 66D)
• The Indian Penal Code, 1860 (Section 465, 467, 468, 471, 120B)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The applicant’s login ID on the computer was used to counterfeit Aadhar cards.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that the applicant has been implicated in this case based on the statements of the co-accused. Further, the original accused and one other have already been released on regular bail. The original accused was the one who counterfeited and used the applicant’s ID. Moreover, the computer and other devices have already been seized and that the applicant may be released on bail based on appropriate terms and conditions.
• The respondent’s counsel argued that the applicant’s login ID was used for preparing counterfeit Aadhaar cards and therefore the applicant played a serious role. Also, the accused was from another State and may not be present for the trial if released on bail.

Opinion of the Bench

• The court was of the view that the applicant shall be granted bail subject to certain conditions.

Final Decision

• Application allowed.
• Bail granted subject to certain conditions.

This case summary has been prepared by Nandini Gadgil, an undergraduate student at DES Shri Navalmal Firodia Law College, Pune, during her internship with The Cyber Blog India in January/February 2021.