Dilipkumar Kesrabhai Gamar vs State Of Gujarat

Divyesh A. Joshi, J

Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No. 11209028230424 of 2023 registered with the Khedbrahma Police Station, District Sabarkantha for the offence punishable under Sections 302, 201 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

Learned advocate Ms. Joshi appearing on behalf of the applicant has submitted that the so called incident has occurred on 06.06.2023 and FIR was registered on 10.06.2023 and in connection with the same, the applicant was arrested on 11.06.2023 and since then, he is in judicial custody. It is also submitted that the investigation is already completed and the present application is filed after submission of the charge-sheet. Learned advocate submits that initially FIR was registered against one suspicious person viz., Shaileshbhai Gamar, wherein the applicant has not been named in the FIR but during the course of investigation, on the basis of the statement made by the co-accused, the applicant has been arraigned as an accused. It is also submitted that entire case of the prosecution hinges upon circumstantial evidence. It is further submitted that it is alleged that the applicant has pressed the mouth of the deceased at the time of incident, except that, no any other specific role is attributed to the present applicant. Learned advocate submitted that the co-accused, who had caught hold the hands of the deceased at the time of commission of offence, has already been enlarged on bail by this Court. Learned advocate submitted that considering the role attributed to the present applicant as well as on the ground of principle of law of parity, the applicant may be enlarged on regular bail by imposing suitable terms and conditions.

Learned APP appearing on behalf of the respondent-State has opposed the present bail application. It is submitted that the role of the present applicant is clearly spelt out from the body of the compilation of the charge sheet papers. He further submitted that considering the role attributed by the present applicant, the present application may not be considered.

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

I have perused the police papers as well as documents produced by the applicant along with the memo of the application. It is found out from the record that the applicant is jail since 11.06.2023. The investigation is already completed and the present application is filed after submission of the charge-sheet. The role of the present applicant is that he has pressed the mouth of the deceased at the time of incident, except that no any other specific role is attributed to the present applicant. I have considered the role attributed to him at the time of commission of crime and the role attributed to the co-accused of catching hold the hands of the deceased at the time of commission of offence, has already been enlarged on bail by this Court. Therefore considering the above stated factual aspect and considering the role attributed by the present applicant at the time of commission offence as well as on the ground of principle of law of parity, I am inclined to exercise the discretion in favour 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 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 and the applicant is ordered to be released on regular bail in connection with C.R. No. 11209028230424 of 2023 registered with the Khedbrahma Police Station, District Sabarkantha, 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. to 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 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. Rule made absolute to the aforesaid extent.

Direct service is permitted.