Irfanhussain @ Natu S/O Kutbuddin Sajidbhai Shaikh vs State Of Gujarat

A.Y. Kogje, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being Part -B CR No11191028201766 of 2020 registered with Vejalpur Police Station, Ahmedabad for offence under Sections 3(1)(i), 3(1)(ii), 3(2), 3(3), 3(4) and3(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.

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. He submitted that in case of the other accused persons, who are enlarged on bail, the offences which were sited as predicate offences and were committed prior to the the enactment of the GUJCTOC, whereas in case of the applicant, both the offences registered were subsequent to the enactment of the GUJCTOC and therefore, benefit of parity may not be available. Learned APP also submitted by drawing attention of this Court to the statement of witness Monika, who is the wife of the main accused to indicate that the applicant was in consistent company of the said accused No.2.

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

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

I. The FIR is registered on 08.10.2020 for the offence which is alleged to have taken place since last ten years till filing of the FIR.

II. The applicant is in jail since 25.10.2020.

III. The investigation is concluded and charge-sheet is filed.

IV. Submission of learned advocate for the applicant that the applicant is allegedly named in the present offence on account of his involvement in two offences. It is submitted that in one of the offences, on which reliance is placed in the FIR, the applicant is not named. Moreover, all the offences alleged therein are bailable offences for which applicant was arrested and was enlarged on bail by the concerned police station.

V. With regard to other offence, it is submitted that the same is filed after a delay and is arising out of a domestic issue for which applicant has been roped in, otherwise, no role is specifically attributed to the applicant.

VI. Learned advocate for the applicant has submitted a table, containing the name of all the accused, who are arraigned as accused in the present FIR and has indicated that the other co -accused persons being accused Nos.5, 7 and 8 though were having more offences than that of the applicant, have been enlarged by the Special Court or this Court. He has drawn attention of this Court to those orders which are placed on record.

VII. Learned advocate submitted that from the entire charge-sheet papers, the only allegation that is coming out is from the statement of witness, who has stated that the applicant was in accompaniment of the main accused namely Sultan Khan beyond that no role is attributed.

VIII. Considering the fact that the co-accused with greater offences have been enlarged on bail by this Court as well as by the Sessions Court, the case is considered.

IX. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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. The applicant is ordered to be released on regular bail in connection with FIR being Part -B CR No11191028201766 of 2020 registered with Vejalpur Police Station, Ahmedabad, 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

(g) not to leave District Anand except marking presence and for attending the trial till the completion of trail.

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.

Rule is made absolute to the aforesaid extent.

Direct service is permitted.