Jasabhai Gandabhai Chauhan (Kataria) vs State Of Gujarat

A.G.Uraizee, J

Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR

being I-C.R.No.-11193052200188 of 2020 registered with Savarkundla Town Police Station, District: Amreli for the offences under Sections 120(B),

417, 420, 465, 467, 468, 506 and 114 etc. of the Indian Penal Code.

Mr.B.M.Mangukiya, learned advocate appearing for the applicant, submits that investigation is over and charge sheet is filed. He further submits

that co-accused are released on regular bail by the trial Court as well as by this Court also. He further submits that co-accused Mr.H.D.Bagda, who

had prepared the document in question, has also been released by this Court. He further submits that the original complainant has not suffered any

financial loss. It is his further submission that the prosecution case is essentially rest on documentary evidence. He, therefore, submits that considering

the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.

Mr. Hardik Soni, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail. He submits

that the applicant is the main accused at whose insistence, the document in question is prepared. He submits that prima facie case is made out against

the present applicant. He submits that looking to the gravity of the offence, the applicant may not be released on bail. However, she submits that if the

Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case.

Mr. Mrudul Barot, learned advocate appearing for the respondent â€" defecto complainant, has resisted this application by filing affidavit of the

complainant. He submits that the applicant is the main accused, who was to get the benefit of the whole transaction and therefore also the case of the

applicant cannot be comparable with the case of co-accused persons who are released on regular bail by the trial Court as well as this Court also. He

further submits that the document in question are not recovered and are still in the custody of the accused persons.

I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do

not invite reasoned order.

In the facts and circumstances of the case and considering the overall facts of the case, since chargesheet is filed, I am of the view that it is a fit

case to exercise the discretion by enlarging the applicant on bail on suitable conditions. Hence, the present application is allowed and the applicant is

ordered to be released on regular bail in connection with an FIR being I-C.R.No.-11193052200188 of 2020 registered with Savarkundla Town Police

Station, District: Amreli on executing a personal bond of Rs.25,000/- (Rupees Twenty five Thousand Only) with one surety of the like amount to the

satisfaction of the learned Trial Court and subject to the conditions that the applicant 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 State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter,

alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent 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;

[g] not in any manner contact the original complainant and the witnesses nor would he held out any threats to them.

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, it shall be open for the Investigating Officer or the original complainant to move an application for cancellation of bail.

Bail bond to be executed before the learned 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, 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 to the aforesaid extent. Registry is directed to send a copy of the order through e-mail or Fax to the concerned trial Court.