Chaudhary Parth Mahadevbhai vs State Of Gujarat

Nirzar S. Desai, J

Heard learned advocate Mr.Chaudhary for the applicant and learned Additional Public Prosecutor Mr.Chintan Dave for the respondent – State.

By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR No. 11209041211735 of 2021 registered with Prantij Police Station, District Sabarkantha for offences punishable under Sections 406, 409, 420, 120-B and 201 of the Indian Penal Code.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences which have been charged are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 13.02.2023;

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

(iii) the allegation against the present applicant is that he gave key of premises to one co-accused viz. Satishbhai @ Happy @ Lucky Ambalal Chaudhary to to solve the paper there. However, the co-accused viz. Satishbhai @ Happy @ Lucky Ambalal Chaudhary is enlarged on regular bail by the Sessions Court Himmatnagar @ Sabarkantha vide order dated 06.08.2022 passed in Criminal Miscellaneous (Regular Bail) Application No.631 of 2022;

(iv) no past antecedent is attributed to the present applicant; and

(iv) the other co-accused persons having either similar or graver role have also been enlarged on bail as follow:

(a) co-accused viz. Kuldipkumar Nalinbhai Patel is enlarged on regular bail by the Sessions Court, Himmatnagar @ Sabarkantha vide order dated 15.02.2022 passed in Criminal Miscellaneous (Regular Bail ) Application No.122 of 2022;

(b) co-accused viz. Patel Jaswantbhai Hargovindbhai is enlarged on regular bail by the Sessions Court, Himmatnagar @ Sabarkantha vide order dated 31.03.2022 passed in Criminal Miscellaneous (Regular Bail ) Application No.219 of 2022;

(c) co-accused viz. Ravikumar Arvindbhai Patel is enlarged on regular bail by the Sessions Court, Himmatnagar @ Sabarkantha vide order dated 11.02.2022 passed in Criminal Miscellaneous (Regular Bail ) Application No.96 of 2022;

(d) co-accused viz. Patel Sanjaykumar Ishwarbhai enlarged on regular bail by the Sessions Court, Himmatnagar @ Sabarkantha vide order dated 31.03.2022 passed in Criminal Miscellaneous (Regular Bail ) Application No.220 of 2022;

(e) co-accused viz. Jayesh Ishwarbhai Patel is enlarged on regular bail by the coordinate Bench of this Court vide order dated 06.06.2022 passed in Criminal Miscellaneous Application No.8518 of 2022;

(f) co-accused viz. Patel Deval Jaswantbhai is enlarged on regular bail by the coordinate Bench of this Court vide order dated 05.05.2022 passed in Criminal Miscellaneous Application No.8061 of 2022;

(g) co-accused viz. Tusharbhai Kishorbhai Mer is enlarged on regular bail by the coordinate Bench of this Court vide order dated 29.07.2022 passed in Criminal Miscellaneous Application No.11667 of 2022;

(h) co-accused viz. Rajeshkumar Dhirajlal Agravat is enlarged on regular bail by this Court vide order dated 07.10.2022 passed in Criminal Miscellaneous Application No.8019 of 2022; and

(i) co-accused viz. Danabhai @ Kanabhai Khodabhai Dangar is enlarged on regular bail by this Court vide order dated 07.10.2022 passed in Criminal Miscellaneous Application No.9297 of 2022.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR No. 11209041211735 of 2021 registered with Prantij Police Station, District Sabarkantha on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 India without prior permission of the Sessions Judge concerned;

[e] furnish latest 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 trial Court;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

The Authorities will release the applicant only if the applicant 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 learned 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, learned 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. Direct