Mahavirbhai @ Chhagan Kalubhai Vala vs State Of Gujarat

Nirzar S. Desai, J

Heard learned advocate Mr. Tanmay B. Karia for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent â€

State through Video Conference.

By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection

with the F.I.R. being IÂC.R.No. 11193004200824 of 2020 registered with Amreli (Rural) Police Station, District Amreli, for the offences punishable

under Sections 307, 186, 379, 504, 114 and 506 (2) of the Indian Penal Code and Sections 3 and 21 of the Gujarat Minerals (Prevention of Illegal

Mining and Transportation and Storage) Rules, 2005, 2016 and 2017 as well as Section 135 of the Gujarat Police Act.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore,

looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and

conditions.

On the other hand, learned APP appearing for the respondent â€" State vehemently submits that, the offences which have been charged are

serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be

required to be exercised.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be

exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant

:Â​

(i) that the present application is preferred after filing of the chargeÂ​sheet;

(ii) coÂaccused, viz. Jayrajbhai Kalubhai Vala has been enlarged on bail by the coordinate Bench of this Court vide order dated 04.11.2020 in

Criminal Misc. Application No. 15109 of 2020;

(iii) the applicant is only a Driver of the loader used in the offence and the vehicle belong to someone else.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the

discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in

connection with the F.I.R. being C.R.No. 11193004200824 of 2020 registered with Amreli (Rural) Police Station, District Amreli, on executing

personal bond of Rs.25,000/Â (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the learned 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 concerned trial Court within a week;

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

[e] mark his presence before the concerned Police Station between 1st to 10th day of every English calender month between 11:00 a.m. to 2:00 p.m.;

(f) furnish his mobile number and the present address of residence to the Investigating Officer and also to the concerned Court at the time of

execution of the bond and shall intimate the change of the residence to the concerned Police Station and the trial Court;

The Authorities will release the applicant only if the applicant 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 learned 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, 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 applicant on bail. Rule is made absolute to the aforesaid

extent.

Registry to send a copy of this order to the concerned advocate, the Jail Authority as well as learned Sessions Court forthwith through fax and

through eÂ​mail also. Direct service is permitted.