Kanubhai Bhathibhai Pagi (Thakor) vs State Of Gujarat

Dr. A. P. Thaker, J

Heard Mr.Kikani, learned advocate for the applicants and Ms.Mehta, learned Additional Public Prosecutor for the respondent â€" State through

Video Conferencing.

The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I â€

11192020200360 of 2020 registered with Dholka Police Station, District: Ahmedabad Rural for the offences punishable under Sections 302, 324, 504

and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

Learned advocate for the applicants submits that applicant No.1 has used the stick and applicant No.2 has used sword in the alleged crime and he

has inflicted the blow on the back side of the witness Jigneshbhai, who has already been discharged from the hospital and none of the present

applicants have injured to the deceased.

Learned advocate appearing for the applicants submits that the charge-sheet has already been filed. He further submits that considering the nature

of evidence, role attributed to the applicants and punishment prescribed, this application for bail may kindly be considered and the applicants may be

released on bail on stringent conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State submits that the accused have inflicted the blow on the deceased

and the witness. She further submits that applicant No.2 is having sword and applicant No.1 is having stick on their hands and considering the

statements of the various witnesses and considering the nature and gravity of the offence, the application may be rejected.

Having considered the materials placed on record, it reveals that at the time of incident, the vital blow was given to the deceased by other accused

and the role attributed to the applicants is having stick (applicant No.1) and sword (applicant No.2). It also reveals from the materials placed on record

that the sword used by applicant No.2 on the back side of the witness Jigneshbhai, who has been discharged by the concerned hospital.

Having considered the role attributed to the accused and taking into consideration the facts of the case, nature of allegations, gravity of offences,

without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicants.

This Court has considered following aspects;

(i) The fact that the accused are in jail since 21.04.2020;

(ii) The investigation is over and the charge-sheet is led;

This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of

Investigation, (2012) 1 SCC 40;

In the result, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an FIR being

C.R.No.I â€" 11192020200360 of 2020 registered with Dholka Police Station, District: Ahmedabad Rural, on executing a personal bond of Rs.10,000/-

each (Rupees Ten Thousands Only) with one local surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;

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

[d] not leave the State of Gujarat without prior permission of the concerned Trial Court;

[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every

English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

[f] furnish latest addresses of residence to the Investigating Officer and also to the concerned Court at the time of execution of the bond and shall not

change the residences without prior permission of the Trial Court;

[g] shall not enter into the village where the original complainant is residing and incident has taken place for a period of one year.

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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be

executed before the Trial 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 applicants on bail. Rule is made absolute accordingly.

Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned

advocate for the applicants are also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable

electronic mode.