R/CR.MA/22526/2025 ORDER DATED: 13/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22526 of 2025 ========================================================== HARI KISHAN OMPRAKASH & ORS. Versus STATE OF GUJARAT ========================================================== Appearance: MR RATNISH S DUBEY, ADVOCATE FOR MS BHAGYASHRI P ROUNDAL(9368) for the Applicant(s) No. 1,2,3 MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 13/11/2025 ORAL ORDER 1. The applicants herein, who are apprehending arrest at the hands of Cyber Police Station, Botad for the oence alleged to have been committed under Sections 316(2), 318(4), 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act which came to be registered vide I - C.R. No. 11190009250002 of 2025, have preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for anticipatory bail. Page 1 of 5 R/CR.MA/22526/2025 ORDER DATED: 13/11/2025 2. The applicants, by way of their application have submitted that, they are innocent and have not committed any oence. The police is unnecessarily pressurizing them. There is nothing to recover or discover from them. They are being roped in for the oence which they have not committed only on the basis of statements of the co- accused. Accordingly, this application should be allowed and they be enlarged on anticipatory bail. 3. Heard Mr. Ratnish Dubey, learned advocate for the applicants who has reiterated the averments of the application and has urged the court to grant anticipatory bail to the applicants. 4. Heard learned APP Ms. Jirga Jhaveri who has submitted that, the applicants are responsible for luring investors by asking them to download an application, and once the amounts were remitted by the investors and deposited in the accounts, the same were withdrawn by R/CR.MA/22526/2025 ORDER DATED: 13/11/2025 the applicants, and accordingly they had cheated and committed breach of trust, and had committed fraud to the extent of Rs.2,54,922/-. Hence, the present application should be rejected. 5. The FIR was lodged by one Zubair Sikandarbhai Selat who had stated therein that, there was a whatsapp group named ‘Elite Discussion Group’ through which an application named ‘Ad-bir Capable’ was to be downloaded, pursuant to which his ID was prepared. The original complainant was also told that, IPO was to be subscribed in the ID which was created and the IPO would be allotted thereafter. It is further mentioned that, the original complainant’s friend had invested Rs.1,35,000/- through four transactions which with pro?t was shown to be Rs.10,00,893/- and the original complainant was told that, if the said amount was to be withdrawn, a penalty of Rs.59,961/- was to be given. Hence, his friend had paid the said penalty. However, his friend was once again asked for money, and they had R/CR.MA/22526/2025 ORDER DATED: 13/11/2025 realized that, they were cheated and as such they had called the cyber helpline to register their complaint for fraud of Rs.2,54,922/-. 6. It is pertinent to note that, the Investigation Oicer had found various ATM cards from the premises which were used by the applicants for their gas agency which were used to withdraw the money which was made to be deposited by the original complainant’s friend. The investigation papers further revealed that, the Investigation Oicer had asked for details of Aadhar Card from the UIDAI oice and upon perusing the said details, it appears that, the enrollment numbers are dierent and the names are dierent, however, the address is one and the same for all 65 persons who have been mentioned therein. It also can be gathered that the warrant under Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was issued on 26.09.2025. However, the applicants have not co-operated with the Investigation Oicer. The learned APP has also drawn the attention of this court to R/CR.MA/22526/2025 ORDER DATED: 13/11/2025 the fact that, the addresses of the applicants which have been mentioned in the Leave and Licence Agreement dated 17.09.2024 are false since they have not been found at the said addresses by the Investigation Oicer. 7. In the event, it does not deem ?t to this court to exercise discretion in favour of the applicants when the case pertains to duping an individual under the false pretext of subscription of IPO and the amount of Rs.2,54,922/- being usurped by the applicants illegally. The application is therefore rejected. Notice is discharged. (UTKARSH THAKORBHAI DESAI, J) DIVYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/11/2025 17:50:38