Kuldeepbhai @ Kiran Karshanbhai Chavda (Vala) & Anr vs State Of Gujarat

@JUDGEMENT- JUDGEMENT

Divyesh A. Joshi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.11211050240003 of 2024 registered with the Thangadh Police Station, Surendranagar, for the offence punishable under Sections 143, 147, 148, 149, 323, 324, 325, 504 and 337 of the Indian Penal Code and under Section-135 of the Gujarat Police Act.

Learned advocate appearing on behalf of the applicants submits that the present application is preferred after submission of charge-sheet. Learned advocate submitted that the so-called incident has taken place on 31.12.2024, for which the FIR has been lodged on 01.01.2024. Learned advocate submitted that the FIR has been filed against total 10 accused persons and the applicants are shown as accused no.3 and 6 in the chargehseet. Learned advocate as per the case of the prosecution, it is alleged that the present applicants in connivance with other accused persons have hatched conspiracy and as a part of said conspiracy, they have beaten the complainant with wooden log, kick and feast blow with knife. Learned advocate further submitted that the complainant received injuries on the face and neck and therefore, the complainant was hospitalized for some days and thereby, committed alleged offence. Learned advocate submitted that except the above role, no other role is attributed to them. Thereafter, subsequently, he was arraigned and ultimately, arrested on 23.01.2024 and since then, they are in judicial custody. Learned advocate submits that the injured person and the complainant are discharged from the hospital and the injured person has not received any grievous injury. The entire case of the prosecution is that altercation took place between the complainant and accused persons on the general talk. Learned advocate further submits that the applicants have no past antecedents. He further submits that the bail application of identically situated accused persons have already been considered by the learned Court below and therefore, considering the principle of “law of parity”, the applicants- accused, may be considered. He further submits that all the offences are exclusively triable by the Court of Magistrate. Considering the gravity of offence, prima- facie, it can be said that it would take considerable long period of time to conclude the proceedings. Learned advocate submits that considering the nature of the offence, the applicants 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. It is submitted that the specific role of the present applicants are clearly spelt out from the papers of charge-sheet. Learned APP further submits that the applicants – accused having iron pipe and knife in their hand and they beaten the complainant with iron pipe and gave knife blow. Considering the role attributed, at the time of commission of offence, the present application may not be entertained.

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 applicants and the role played by the applicants. It is found from the record that the present application is preferred after submission of the chargesheet and now, the investigation is completed and the applicants are in jail since 23.01.2024. The entire case of the prosecution hinges upon altercation took place between the complainant and accused person and all the offences are exclusively triable by the court of Magistrate. I have considered the role attributed to the present applicants at the time of commission of crime and the role played by the co-accused, who has already been considered by the Court belows. Therefore, considering the above factual aspects and on the ground of parity, the present application deserves to be allowed.

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 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 and the applicants are ordered to be released on regular bail in connection with FIR being C.R. No.11211050240003 of 2024 registered with the Thangadh Police Station, Surendranagar, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 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 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 applicants on bail.

The present application stands allowed accordingly. Direct service is permitted.