Bharat Somabhai Patel 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.I­11216007200411 of 2020 with SECTOR­ 21 POLICE STATION, DISTRICT­ GANDHINAGAR, for the offence punishable under Sections 406, 420, 114 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 respondent­State 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 :­

I) The F.I.R. is registered on 15­06­2020 for the offence which is alleged to have taken place between 08­04­2015 to 30­10­2016;

II) The applicant is in custody since 23­06­2020;

III) Investigation is concluded and charge­sheet is filed;

IV) Learned Advocate for the applicant submitted that it is the case where the applicant had allegedly lured the complainant for job of his son and daughter and had in the process, taken the amount of Rupees One Crore and Five Lakhs, but had never given the Government Job as promised.

V) Learned Advocate for the applicant submitted that the manner in wihch the allgedly payment is made, itself doubtful that such huge amount is paid by cash to the applicant.

VI) Learned Advocate for the applicant submitted that to show his bonafide, the applicant is ready and willing to deposit an amount of Rupees Ten Lakhs with the tiral Court;

VII) Learned Advocate for the applicant submitted that considering the maximum sentence that can be imposed;

VIII) Learned Advocate for the applicant under the instruction submitted that there are no other antecedents against the applicant;

IX) Learned Advocate for the applicant submitted that Co­accused have been enlarged on regular bail. Hence, applying principle of parity.

X) 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.I­ 11216007200411 of 2020 with SECTOR­ 21 POLICE STATION, DISTRICT­ 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) shall deposit an amount of Rs.10,00,000/­ (Rupees Ten Lakhs only) within the period of six months from the date of his release before the trial Court by periodical installments and file an undertaking to that effect before the trial Court;

(f) 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.;

(g) 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.