AI Structured Summary
Not yet generated for this judgment
Judgment
Bhargav D. Karia, J
Heard learned advocate Mr.Anurag Rathor for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent-State
through video conference.
Rule. Learned Additional Public Prosecutor Ms. Jhaveri waives service of notice of rule on behalf of the respondent State.
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR being I-CR.
No.70 of 2019 registered with Satellite Police Station, Ahmedabad for offences under Sections 307, 324 and 114 of the Indian Penal Codem Section
25(1) (b) (a) of the Arms Act and Section 135(1) of the Gujarat Police Act.
Learned Advocate 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.
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.
Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,
nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is
a fit case to exercise the discretion and enlarge the applicant on regular bail.
This Court has considered following aspects :
(a) Applicant is in jail since 11th January 2020, though wrongly mentioned in the memo of the application that he is in jail since 13th July 2019.
(b) Investigation is over and charge-sheet is filed.
(c) Learned advocate for the applicant submitted that the co-accused Mr.Akash Bahratsinh Parmar is enlarged on bail by the co-ordinate Bench of
this Court vide order dated 20th July 2020 in Criminal Misc. Application no.7431 of 2020.
(d) Learned advocate for the applicant submitted that the applicant is not named in the F.I.R. and no role is attributed to the applicant for the alleged
offence.
Looking to the overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in [2012] 1 SCC 40.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR. No.70 of
2019 registered with Satellite Police Station, Ahmedabad on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of
the like amount to the satisfaction of the 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 lower court within a week;
[d] not leave the State of Gujarat without prior permission of the concerned trial court till the trial is over;
[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month till the trial is over;
[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 the concerned trial court;
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 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 prima facie observations made by this Court in the present order.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
The Registry is directed to communicate this order to the concerned Court/authority by Fax or Email.