Kalpeshbhai @ Tinkubhai Rasidbhai Rott vs State Of Gujarat

Divyesh A. Joshi, J

Rule. Learned APP waives service of notice of Rule for and on behalf of respondent – State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith C.R.No.11187007220071 of 2022 registered with Santrampur Police Station, District Mahisagar for the offence punishable under Sections 489(A), 489(B), 489(C) and 114 of the Indian Penal Code.

Learned advocate Mr. Hardik Dave 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. It is submitted that FIR has been filed on 28.01.2022 against two accused persons from whose house 34 fake currency notes of denomination of Rs.500 were found by the members of the raiding party. The applicant has been arrested on 24.09.2023 and since then he is behind the bars. The investigation is already completed and after submission of charge-sheet present application is preferred. It is submitted that during the course of investigation other accused persons have also been arraigned including the present applicant accused. It is submitted that similarly situated accused persons have also been enlarged on bail and therefore on the principle of law of parity, applicant may also be enlarged on bail.

Learned APP Mr. Soni 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.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that FIR has been filed on 28.01.2022 against two accused persons from whose house 34 fake currency notes of denomination of Rs.500 were found by the members of the raiding party. The said accused persons have already been enlarged on bail. The applicant was not named in the FIR and he has been implicated on the basis of the statement of the co-accused. The applicant has been arrested on 24.09.2023 and since then he is behind the bars. The investigation is already completed and after submission of charge-sheet present application is preferred. Thus, considering the above stated factual aspects, I am inclined to consider this application.

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 regularbailinconnectionwith C.R.No.11187007220071 of 2022 registered with Santrampur Police Station, District Mahisagar, 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. 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 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 is made absolute. Direct service is permitted.