Dharmik @ Bhaylu Nanakbhai Lohana vs State Of Gujarat

Bhargav D. Karia, J

Heard Mr.P.P. Majmudar, learned advocate for the applicant and Ms.C.M. Shah, learned Additional Public Prosecutor for the respondent â€" State

through Video Conference.

The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I â€

11196017200135 of 2020 registered with Panigate Police Station, District: Vadodara for the offences punishable under Sections 143, 146, 323 and 302

of the Indian Penal Code.

Learned advocate appearing for the applicant submits that there were two offences registered against the applicant in the year 2016 and 2019 and

both were not under Section 302 or 307 of the Indian Penal Code. He further submits that the incident has happened due to quarrel of the scooter and

maruti van and the role attributed to the applicant is just given a kick and fist blow to the deceased. He further submits that the charge-sheet has

already been filed. He further submits that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this

application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State submits that the present applicant has involved in the incident.

She further submits that considering the seriousness of the offence, the present applicant may be rejected. She has opposed grant of regular bail on

the grounds that considering the nature and gravity of the offence.

Having heard the learned advocates for the parties and perused the materials 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, at this stage, this Court is inclined to

grant regular bail to the applicant.

This Court has considered following aspects;

(i) That incident has happened in spare of moment;

(ii) The role attributed to the present applicant is to give kick and fist blow to the deceased;

(iii) The fact that the accused is in jail since 26.02.2020;

(iv) The investigation is over and the charge-sheet is led;

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

Investigation, (2012) 1 SCC 40;

In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.I

â€" 11196017200135 of 2020 registered with Panigate Police Station, District:Vadodara, on executing a personal bond of Rs.10,000/- (Rupees Ten

Thousand Only) with one local 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 his passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the concerned Trial Court;

[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every

English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

[f] 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;

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 Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be

executed before the Trial 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 accordingly.

Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned

advocate for the applicant is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable

electronic mode.