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Judgment
Niral R. Mehta, J
1) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR
No.11190004210513 of 2021 registered with Gadhda Police Station, District: Botad for offence under Sections 302, 201, 143 and 120B of the Indian
Penal Code.
2) Learned advocate appearing on behalf of the applicant submits that Main accused i.e. Vishal Dhirubhai Dav has been released by this Court on
regular bail vide order dated 03.12.2021 passed in Criminal Misc. Application No. 16010 of 2021. The other accused person i.e. Sagar Ravjibhai
Dharodiya has been released by trial Court vide order dated 07.06.2021 passed in Criminal Misc. Application No. 120 of 2021. He further submits that
Sunil Bhupatbhai Sankadiya and Ajay Manubhai Vaghela (juveniles) have been enlarged on regular bail by Juvenile Court vide order dated 24.05.2021
in Criminal Misc. Application No. 201 of 2021.
3) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular
bail by imposing suitable conditions.
4) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
5) Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
6) I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
1) The FIR is registered on 03.05.2021 for the offence which is alleged to have taken place between 02.05.2021 and 03.05.2021.
2) The applicant is in jail since 06.05.2021.
3) The investigation is concluded and charge-sheet is filed.
4) All other accused persons except present applicant have been released by this Court as well as by Trial Court on regular bail.
5) This is the case of circumstantial evidence.
6) Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
7) This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of
Investigation, reported in [2012]1 SCC 40.
8) In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
9) Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR
No.11190004210513 of 2021 registered with Gadhda Police Station, District: Botad, on executing a personal bond of Rs.10,000/- (Rupees Ten
Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief
with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not
change the residence without prior permission of Trial Court;
10) The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the
above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
11) Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or
relax any of the above conditions, in accordance with law.
12) At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while
enlarging the applicant on bail.
13) The application is allowed in the aforesaid terms. RULE is made absolute to the aforesaid extent.
14) Registry is directed to intimate the concerned authority/Sessions Court about the present order by sending a copy of this order through Fax
message, email and/or any other suitable electronic mode.
15) Learned advocate for the applicant is also permitted to send a copy of this order to the concerned authority/ Sessions Court through Fax message,
email and/or any other suitable electronic mode. Direct service is permitted.