Komalben Rakeshkumar Bhimani 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.11210015230045 of 2023 registered with DCB Police Station, Surat City for the offence punishable under Sections 406, 409, 465, 467, 468, 471, 34 and 120B of the Indian Penal Code.

Learned advocate Mr. Sikander Saiyed 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 applicant is a lady accused and she has been arrested on 21.12.2023 and since then she is in judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. The FIR is filed against total 27 accused persons and name of the present applicant accused is mentioned at serial No.15. Learned advocate Mr. Saiyed further submits that identically situated persons have already been considered by this court. That all the offences are exclusively triable by the Court of Magistrate. Learned advocate Mr. Saiyed further submits that applicant has also filed an undertaking to the effect that applicant will not raise any objection if the properties of the applicant will be auctioned by the bank for the purpose of recovery of loan. Thus, considering the aforesaid factual aspects, applicant may be enlarged on bail by imposing suitable terms and 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 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 applicant is a lady accused and she is in jail since 21.12.2023. The investigation is already over and charge-sheet is filed. That identically situated persons have already been enlarged on bail by this court. That all the offences are exclusively triable by the Court of Magistrate. It is also found out from the record that applicant has also filed an undertaking to the effect that she will not raise any objection if the properties of the applicant are put to auction by the bank for the purpose of recovery of loan. Thus, considering the aforesaid 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 regular bail in connection with C.R.No.11210015230045 of 2023 registered with DCB Police Station, Surat City, 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 she 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;

[g] file similar undertaking as filed before this court within a period of seven days from her release and adhere to the terms of said undertaking;

The authorities will release the applicant only if she 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.