Kamalbhai Vinodbhai Koli Patel vs State Of Gujarat

A.Y. Kogje, J

RULE. Learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondent State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the III-C.R.No.372 of

2019 registered with Bilimora Police Station, Navsari of offence punishable under Sections 65(A) (E), 81 and 98(2) of the Gujarat Prohibition Act.

Learned Advocate appearing on behalf of the applicants 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.

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 21.06.2019 for the offence which is alleged to have taken place on 21.06.2019.

II. The applicants are in jail since 30/31.12.2020.

III. Invesgitation qua the applicants is over as the remand period is over.

IV. The offence is of june 2019 and on the basis of statement of co- accused, the applicants have been arraigned as accused and thereafter arrested.

V. Considering the maximum sentence and the fact that co-accused have already been enlarged long back.

VI. Submission of learned Advocate for the applicants that the applicants do not have any antecedents.

VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against 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 v. Central Bureau of

Investigation, reported in [2012]1 SCC 40.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicants 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 applicants on regular bail.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with III-C.R.No.372 of 2019

registered with Bilimora Police Station, Navsari on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the

like amount to the satisfaction of the trial Court and subject to the conditions that they 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) not to enter revenue limits of district Navsari for a period of three months, except for marking presence and attending trial;

(f) 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.;

(g) 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;

The authorities will release the applicants only if they are 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.