Ejike Samuel Godwin vs State Of Gujarat

Vipul M. Pancholi, J

This successive bail application is filed by the applicant pursuant to the liberty granted by this Court vide order dated 31.01.2020 as well as on the

ground of change of circumstances as the co-accused against whom almost similar type of allegations are levelled, has been enlarged on regular bail

by the Coordinate Bench of this Court.

Learned advocate Mr. Dinesh Chaudhari has submitted that he has received instructions to appear on behalf of original first informant. He is

permitted to file his Vakalatnama in the Registry.

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-

57 of 2019 registered with Visnagar Town Police Station, District Mehsana for offence under Sections 406, 420, 465, 467, 471, 384 and 120B of the

Indian Penal Code and Sections 66(C)(D) of the I.T.Act

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 13.07.2019;

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

(c) case is triable by the Court of Magistrate;

(d) it is submitted that the co-accused had also filed application before this Court which was withdrawn on 25.11.2019. However, liberty was reserved

to the said co-accused to file fresh application if the trial does not commence within a period of six months.

(e) at this stage, it is submitted that the said co-accused has thereafter filed successive bail application before the Coordinate Bench of this Court and

the Coordinate Bench of this Court has considered the case of the said co-accused and he has been enlarged on regular bail vide order dated

26.06.2020 on certain terms and conditions;

(f) it is further submitted that applicant is ready and willing to deposit Rs.12 lakh before the concerned trial Court within a period of 8 months from the

date of his release from jail, without prejudice to his rights and contentions. It is further submitted that applicant is ready and willing to file an

undertaking before this Court to the said effect within a period of ten days from the date of his release. It is further submitted that applicant shall, in

the said undertaking, mention that in case of breach of the undertaking, the bail of the applicant will be cancelled automatically and it would be open

for this Court to initiate proceedings under the Contempt of Courts Act against the applicant.

In view of the aforesaid submissions and in the facts and circumstances of the present case, 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-57 of

2019 registered with Visnagar Town Police Station, District Mehsana 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;

[g] file an undertaking before this Court within a period of ten days from the date of his release to the effect that he shall deposit an amount of Rs.12

lakh before the concerned trial Court within a period of 8 months from the date of his release from jail, without prejudice to his rights and contentions

and also mentioning the fact that in case of breach of the undertaking, the bail of the applicant will be cancelled automatically and it would be open for

this Court to initiate proceedings under the Contempt of Courts Act against the applicant.

The authorities 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.