Anas Salimkhan @ Altafkhan Pathan vs State Of Gujarat

A.Y. Kogje, J

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.108 of 2019 registered with Gayakwad Haveli Police Station, Ahmedaba City for offence under Sections 302, 324, 294(b) and 114 of the Indian Penal Code and Section 135(1) of the GP Act.

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.

Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned Advocate for the complainant submitted that the accused whose bail application was confirmed against him the allegation was of only catching hold of the deceased, whereas against the applicant, the allegation is of giving fatal blow/

Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

I. The FIR is registered on 22.09.2019 for the offence which is alleged to have taken place on 22.09.2019.

II. The applicant is in jail since 23.09.2019.

III. The investigation is concluded and charge-sheet is filed.

IV. Submission of learned senior advocate that the prosecution has not been able to make out a motive against the applicant though major role of giving the knife blow is attributed to the applicant as even from the case of prosecution, the grievance was against two other individuals against whom there was not even any assault.

V. Co-accused have been enlarged on regular bail and the order of bail was a subject matter of challenge before the Apex Court, wherein the Apex Court in its order dated 12- 08-2022 in Special Leave to Appeal No.2186 of 2021, has confirmed the order of the bail to the co-accused.

VI. Submission of learned senior advocate that even if the story of the prosecution is to be believed, then also, the incident took place when the deceased and his brother (complainant) intervened in the fight between the applicant side and two other persons related to the complainant side and therefore, it is submitted that the incident is an outcome of quarrel between the parties.

VII. Submission of learned senior advocate that from the case of the investigation, the injury was not that serious, however, the deceased has himself gone to the nearest police station, where he was within the police station for more than 40 minutes and within the police station also, there was an altercation between both the sides and thereafter, the injured deceased was taken for treatment to the hospital. Attention is drawn to the Panchnama as well as photographs of CCTV indicating the deceased was within the police station walking through the police station for complaining.

VIII. There is one antecedent of prohibition case registered against the applicant.

IX. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR No.108 of 2019 registered with Gayakwad Haveli Police Station, Ahmedaba City, 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;

(g) Not to enter Ahmedabad except marking presence and for attending the trial.

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.

10 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.

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.

Rule is made absolute to the aforesaid extent. Direct service is permitted.