Mohammad Ajub Abdul Ansari vs State Of Gujarat

A.J. Desai, J

The present application is filed under Section 439 of the Code of Criminal Procedure for bail in connection with an offence being C.R. No. I-121 of 2018 registered with Kadodara GIDC Police Station, Surat, for the offences punishable under Sections 143, 147, 323, 302, 504, etc. of the Indian Penal Code.

Learned advocate appearing on behalf of the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor 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 learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicants and the role played by the applicants. I have also considered the fact that investigation is over and charge-sheet is filed. I have also considered the manner and method, in which, the incident has taken place and blow has been inflicted by another accused due to which the deceased succumbed to the injury.

In the facts and circumstances of the case and considering the nature of 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 an offence being C.R. No. I-121 of 2018 registered with Kadodara GIDC Police Station, Surat, on executing a personal bond of Rs. 10,000/-each (Rupees Ten thousands only) with one 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 injurious 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] furnish latest address of their 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;

[f] shall mark their presence with the concerned Police Station on every Monday for a period of six months and thereafter on any day of first week of each English Calendar Months till trial is over;

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 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 applicants on bail. Rule is made absolute to the aforesaid extent.

Direct service is permitted.