Harishbhai Goruji Prajapati v. State of Gujarat
In the High Court of Gujarat
R/Crl. Misc. App. 6085/2023
Before Justice Samir J. Dave
Decided on June 23, 2023

Relevancy of the case: Bail application in a case involving forgery and cheating

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66D)
• The Indian Penal Code, 1860 (Sections 465, 467, 471, 472, 170, 120B)

Relevant Facts of the Case

• The applicant cheated the complainant by forging and creating counterfeit seals. He also impersonated a person holding a public office.
• Subsequently, the police arrested him and he was in judicial custody.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the investigating officer had pressed charges against the applicant. The police has also drafted the chargesheet. Therefore, the court should grant him bail. Moreover, he has agreed to pay ₹82 lakhs to the trial court within three months.
• The respondent’s counsel urged the court to not grant the bail due to the nature of the offences and accusations.

Opinion of the Bench

• The applicant has a valid case for bail. The police has completed the investigation and made the chargesheet.
• Keeping the applicant in judicial custody is not reasonable anymore.

Final Decision

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

Aarya Tyagi, an undergraduate student at the Institute of Law, Nirma University, Ahemadabad, prepared this case summary during his internship with The Cyber Blog India in May/June 2024.