Balsing Jaitabhai Boricha vs State Of Gujarat

Divyesh A. Joshi, J

The present application is filed under Section 439 of the Code off Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11193053200151/2020 registered with the Savarkundala Rural Police Station, Amreli for the offence punishable under Sections 3(1)(i), 3(1) (ii), 3(2), 3(3), 3(4) and 3(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (hereinafter referred to as “GUJCTOC” for short).

Learned advocate for the applicant submitted that the incident has occurred for the period between 01.01.2011 to 15.02.2020, for which, aforesaid FIR has been lodged on 09.03.2020 and the applicant is arrested on 16.03.2020 and since then, he is in judicial custody. It is submitted that now the investigation is completed and after submission of the chargesheet, the present application has been preferred. It is submitted that identically situated co-accused have already been enlarged on bail. It is, therefore, urged that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the applicant is involved in serious offence and the role of the applicant – accused is spelt-out from the papers of the chargesheet and, hence, the present bail application may not be entertained.

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 of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out that the investigation is completed and the present application is preferred after submission of the chargesheet. It is submitted that the applicant is in jail since 16.03.2020 and and the main accused has already been enlarged on bail by the Hon’ble Supreme Court and two other co-accused have already been enlarged on bail by the Coordinate Bench of this Court. Thus considering the overall facts of the case, the present application deserves to be allowed.

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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51.

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 the FIR being C.R. No.11193053200151/2020 registered with the Savarkundala Rural Police Station, Amreli on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 injuries to the interest of the prosecution;

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

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] 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 this 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 concerned 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.

The present application stands allowed accordingly. Direct service is permitted.