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.

Ananya Dixit, an undergraduate student at Symbiosis Law School, Hyderabad, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.