Atul Ramesh Mondal vs State Of Gujarat

A.Y. Kogje, J

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR

registered as C.R. No.IÂ104 of 2015 with PALANPUR (WEST) POLICE STATION, DISTRICTÂ BANASKANTHA, for the offence punishable

under SectionsÂ​489(KH)(G) and 120(b) of the Indian Penal Code.

Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail

by imposing suitable conditions.

On the other hand, the learned Additional Public Prosecutor appearing for the respondentÂState has opposed grant of regular bail looking to the

nature and gravity of the offence.

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

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

I) The F.I.R. is registered on 05Â​11Â​2015 for the offence which is alleged to have taken place on 05Â​11Â​2015;

II) The applicant is in custody since13Â​04Â​2016;

III) Investigation is concluded and chargeÂ​sheet is filed;

IV) Learned Advocate for the applicant submitted that the applicant was already enlarged on Regular bail on 18Â03Â2017 in connection with this

offence. However, the applicant came to be arrested upon issuance of nonÂbailable warrant on account of his absence from the trial. Thereafter,

Criminal Misc.Application no.524 of 2020 came to be rejected on 29Â​09Â​2020.

V) Learned Advocate for the applicant places reliance upon the Communication issued from the Prison, West Bengal to indicate that the applicant

was undergoing the conviction by the Court of Additional District and Sessions Judge, Jangipur, Murshidabad who is convicted on 28Â09Â2015. It is

submitted that the applicant has not been enlarged even after the order of bail by this Court.

VI) Learned Advocate for the applicant submitted that the communication issued by the Office of Superintendent, Berhampore Central Correctional

Home, indicates that the applicant is released upon under going sentence and getting the benefit of Remission only on 18Â​09Â​2020, but it is thereafter,

applicant has been arrested now in the present case. Therefore, considering the situation, under which the applicant could not remain present before

the trial Court, where beyond control of the applicant, the application deserves consideration.

VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances

against the applicant.

This Court has 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.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report,

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 C.R. No.IÂ104 of 2015 with

PALANPUR (WEST) POLICE STATION, DISTRICTÂ BANASKANTHA, 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;

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.

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.

11.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.