Babulal Prabhudas Patel vs State Of Gujarat

Ashutosh J. Shastri, J

Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent - State.

This application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being I-C.R.

No.11216004200093 of 2020 registered before Dabhoda Police Station, Gandhinagar for the offences punishable under Sections 394, 324, 506(1) and

114 of the Indian Penal Code.

Mr.Jucky Lucky Chan, learned advocate for the applicant has submitted that the applicant is an innocent person and wrongly been arraigned in the

presence offence. In fact, according to learned advocate, there is no specific attribution made against the applicant and the applicant is not having any

criminal background of whatsoever nature. Furthermore, on account of this, the applicant has not been the beneficiary in any manner. The only

allegation is that the applicant has signed at one of the documents as witness and only on the basis of bald assertion, the applicant has been arraigned

in the prosecution. It has been further submitted that co-accused - Jagdish Natvarlal Patel having major role and was the land owner, has been

released by the Coordinate Bench of this Court in CR.MA No.8128 of 2020 vide order dated 29.6.2020 and hence, the request be considered to

release the applicant on regular bail.

As against the aforesaid submission, Mr.Mitesh Amin, learned Public Prosecutor, has submitted that the applicant is a part and process of entire

commission of crime since he has signed the document as witness. However, the learned Public Prosecutor could not withstand to the circumstance

that co- accused having major role, has already been enlarged on bail, vide order dated 29.6.2020 and hence, left it to the discretion of the Court.

Having heard learned advocates appearing for the parties and having gone through the material on record and looking to the nature of allegation

against the applicant and the meager role, even if assuming as it is at this stage, since the co-accused has already been released on bail by the

coordinate bench of this Court, the Court is inclined to accept the request of the applicant.

Hence, in view of the above, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the FIR,

being I-C.R. No.11216004200093 of 2020 registered before Dabhoda Police Station, Gandhinagar, 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 applicants only if they are 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.

Rule is made absolute to the aforesaid extent.

The Registry is directed to communicate this order by FAX and/or e-mail to the trial court concerned, forthwith.