Banvari @ Bablu Rameshwar Katheriya vs State Of Gujarat

Vipul M. Pancholi, J

Learned advocate Mr. Dushyant Bhatt has received instructions to appear on behalf of original first informant. He is permitted to file his

Vakalatnama in the Registry.

This successive bail application is filed by the applicant pursuant to the liberty granted by this Court vide order dated 31.01.2020, whereby liberty

was reserved to the applicant to file fresh application after a period of four months if the trial does not commence. It is submitted that till today trial is

not commenced.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-

290 of 2019 registered with Shaherkotda Police Station, Ahmedabad City for offence under Sections 307, 324, 142, 143, 144, 147, 148, 149 and 294B

of the Indian Penal Code.

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

Having heard the learned advocates for the 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 following aspects,

(a) Applicant is in jail since 13.08.2019;

(b) investigation is over and charge-sheet is filed;

(c) it is submitted by learned advocate for the applicant that injured is discharged from the hospital long back;

(d) it is further submitted that now the matter is amicably settled with the original first informant as well as injured and both have filed affidavits.

(e) learned advocate Mr. Dushyant Bhatt appearing for the original complainant submitted that matter is settled out of Court and therefore

complainant and injured have filed affidavits. Said affidavits are taken on record. It is submitted that in view of the settlement arrived at between the

parties, if the applicant is enlarged on bail, complainant and injured have no objection;

(f) learned advocate Mr. Chaudhary appearing for the applicant submitted that co-accused against whom almost similar type of allegations are

levelled, have been enlarged on bail by the concerned Sessions Court.

Looking to the overall facts and circumstances of the present case and in view of the settlement arrived at between the parties, I am inclined to

consider the case of the applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of

Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-290 of

2019 registered with Shaherkotda Police Station, Ahmedabad 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;

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

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

[e] mark presence before the concerned Police Station between 1st to 10th day 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 the concerned trial court;

The authorities will 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 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/Authority

through Fax or Email.