Baaluji Alias Galo Ramanbhai Solanki vs State Of Gujarat

Sangeeta K. Vishen, J

The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with First

Information Report being C.R.No.I-97 of 2019 registered with Anand Rural Police Station, District Anand for the offence under Sections 379A(1)(3),

120B and 114 of the Indian Penal Code and Section 25(1)(b)(a) of the Arms Act.

Heard Mr. Nikhil S. Kariel, learned advocate for the applicant and Ms. Nisha Thakor, learned Additional Public Prosecutor for the respondent -

State through video conference.

Mr. Kariel, learned advocate appearing for the applicant submits that the applicant is in judicial custody since 24.10.2019. It is also submitted that so

far as the applicant is concerned, the charge levelled against him will be at the most for the offence under Sections 120B and 114 of the Indian Penal

Code. It is submitted that this court, in the case of the applicant for similar such offence, has granted regular bail vide order dated 12.6.2020 in

Criminal Miscellaneous Application No.4494 of 2020. It is thus, submitted that considering the nature of the offence, the applicant may be enlarged on

regular bail by imposing suitable stringent conditions.

Ms. Nisha Thakor, learned Additional Public Prosecutor appearing for the respondent â€" State has opposed this application looking to the nature

and gravity of the offence.

Learned advocates for the respective parties do not press for further reasoned order.

Having heard the learned advocates for the respective parties and perusing the material placed on record and taking into consideration the facts of

the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this court is of the opinion

that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

This court has considered the aspects, viz. (i) that the applicant is in jail since 24.10.2019; (ii) the investigation is over and chargesheet is filed; (iii) in

the present situation, the trial is not likely to commence soon; (iv) as has been recorded in the order dated 12.6.2020 in Criminal Miscellaneous

Application No.4494 of 2020, except one case, no other antecedents are pointed out against the applicant; and (v) absence of any apprehension

against the applicant, tampering with the evidence or threatening the witnesses or fleeing from trial. This court has also considered the principle

enunciated by the Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40 and looking to the

overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with First Information Report being

C.R.No.I-97 of 2019 registered with Anand Rural Police Station, District Anand, 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 the applicant shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] mark presence before the concerned police station between 1st to 10th day of every English calendar month between 11:00 a.m. and 2:00 p.m. for

a period of six months;

[e] not move out of Kalol and Mansa except for attending the court proceedings and/or marking presence at Anand in the pending case till further

orders;

[f] not leave India without prior permission of the concerned trial court;

[g] furnish the present address of 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 the concerned Trial Court.

The authorities shall adhere to its own circular regarding Covid-19 and thereafter 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 learned 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.

Needless to say, at the trial, the Trial Court shall not be influenced by the prima facie observations made by this court in the present order.

Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned court/authority through fax or e-mail, forthwith.