Hardik Jayeshkumar Kotak vs State Of Gujarat

M. R. Mengdey, J

Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of the respondent-State of Gujarat.

The Applicant has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11214020230158 of 2023 registered with Kamrej Police Station, Surat (Rural) for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120(b) of the Indian Penal Code.

Heard learned Advocate Mr. Gajendra P Baghel for the Applicant and learned APP Mr. Himanshubhai Patel for the Respondent – State.

Submission of the Parties:

Learned Advocate for the Applicant / Accused has submitted that in present case investigation is over and charge-sheet is also filed. The applicant has not benefited out of the alleged offence. The only role attributed to the present applicant in commission of offence in question is he had acted in collusion with other co-accused. Therefore, submitted to allow the present application.

Per contra, learned APP has vehemently opposed the present application for grant of regular bail. Looking to the nature and gravity of offence, it is requested that, this Court may not exercise the discretion in favour of the applicant. Learned APP further submitted that if the Hon'ble Court is inclined to grant bail then in such case strict conditions may be imposed to secure the presence of the Applicant Accused.

Merits of the Case:

This court has considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 23.01.2023

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

Having heard the learned Advocates for the parties and perusing the record produced in this case as well as from the affidavit of the investigating officer it appears investigation of the offence is over and charge-sheet is filed. Applicant arrested for the offence in the month of January 2023 and since than, he is in custody. Considering the role attributed to the present applicant and the nature of the offence, present application deserves consideration, accordingly the same is allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) maintain law and order and not to indulge in any criminal activities.

(c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court.

(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.

(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.

(f) not leave India without prior permission of the Trial Court

(g) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect.

Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.

If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being.

At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute. Direct service permitted.