Nasirhusen Ibrahimbhai Sindhi vs State Of Gujarat

B.N. Karia, J

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being

C.R.No. 11204041210241 of 2021 registered with Mahemdabad Police Station, District: Kheda for the offence punishable under Sections 406, 420,

465, 466, 467, 468, 471, 474 and 120B of the Indian Penal Code.

Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on

regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondentÂState has opposed grant of regular bail looking to the nature and gravity

of the offence.

I have heard learned advocates appearing on behalf of the respective parties.

Having heard learned advocate for the applicant as well as learned APP for the respondentÂState and considering the contents of the FIR, it appears

that in the birth certificate, the birth of date of the applicant is shown as 15.06.1994 and in the Nikahnama of Ibrahimbhai Aadambhai Sindhi and

Hajrabai Mohamadmiya Sindhi was married on 30.10.1967 as the applicant was born on 15.06.1964 from the wedlock of Ibrahimbhai and his second

wife Hajirabibi and not from the first wife ie., Madinabibi. As per school leaving certificate, his birth date is 15.06.1964 and second wife of the father

of the applicant namely Hajirabibi whom the complainant alleged to be the mother of the applicant, was married to the father of the applicant on

30.10.1967 and therefore, prima facie it becomes clear that the applicant was the son of Madinabibi and Ibrahimbhai. It further appears that the

brothers of the applicant have filed an affidavit and they have no objection as their names are being shown in the affidavit. The applicant appears to be

retired public servant and there is no criminal antecedents. It further appears that the accused no.1 is released on anticipatory bail, accused nos. 2, 3,

and 4 are released on regular bail, accused no.5 is released on anticipatory bail and accused nos. 6, 7 and 8 are released on regular bail.

In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR as well as considering the

ground of parity as the other coÂaccused are released either on regular bail or anticipatory bail, I am 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 an FIR being C.R.No.

11204041210241 of 2021 registered with Mahemdabad Police Station, District: Kheda on executing a personal bond of Rs.10,000/Â (Rupees Ten

Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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] mark presence before the concerned Police Station fortnightly for a period of six months, between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent 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 the learned Sessions Court concerned;

The Authorities will release the applicant only if he 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.

This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.