Kantibhai Boghabhai Dubaniya vs State Of Gujarat

Umesh A. Trivedi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail post submission of charge-sheet in connection with FIR being C.R. No. 11193061230004 of 2023 registered with Vanda Police Station, District: Amreli, for offence under Sections 326, 324, 323, 504, 506(2) and 114 of the Indian Penal Code (hereinafter referred to as “IPC”, in short) and Section 135 of the G.P. Act.

Heard Ms. Alveera S. Kachara, learned advocate for the applicant. She has submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP Ms. Chetna M. Shah, 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.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Following aspects are considered:-

(i) Investigation is over and charge-sheet is filed.

(ii) The applicant is in custody since 18.01.2023. Though initial FIR is registered for an offence under Section 326 of the “IPC” along with other sections, on conclusion of investigation, charge-sheet has come to be filed for an offence under Section 307 and other allied offences under the “IPC”.

(iii) As per the investigation concluded, the applicant is attributed pipe blows on two of the witnesses:- one Gautambhai and one Raviraj. Gautambhai is alleged to have been inflicted with blow of pipe on his head. When it is seen with the medical certificate issued by the Shiv Hospital, he suffered mild laceration (superficial) over forehead, whereas Ravirajbhai is said to have been inflicted blow on his back by the certificate issued by that very hospital, there appears no injuries on his back. Instead, it is stated that he has suffered stomach injuries on the site of operation. Both the injured were under treatment of the hospital for two days and they are discharged and out of danger. Therefore, I deem it fit to release the applicant – Kantibhai Boghabhai Dubaniya on regular bail post submission of charge-sheet.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail post submission of charge-sheet in connection with FIR being C.R. No. 11193061230004 of 2023 registered with Vanda Police Station, District: Amreli, 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;

[c] surrender passport, if any, to the lower Court within a week;

[d] not leave India without prior permission of the concerned trial Court;

[e] 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent.

Direct service is permitted.