Ramzanmiya Chhotumiya Shindhi vs State Of Gujarat

Vipul M. Pancholi, 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. I

â€" 87 of 2019 registered with Sayajiganj Police Station, Vadodara for offence under Sections 386, 114 and 504 of the Indian Penal Code.

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 APP appearing on behalf of the respondentÂ​ 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 28.08.2019.

(b) Investigation is over and chargeÂ​sheet is filed.

(c) Case is triable by the court of Magistrate.

(d) As per the submission of learned advocate for the applicant under the instructions, though it is mentioned in the order passed by the sessions court

that there are eleven offences against the applicant, in fact, the applicant has been acquitted in three cases by the competent court and other three

cases have been disposed of.

Having perused the allegations levelled against the applicant, material placed on record and looking to the overall facts and circumstances of the 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 v. 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 C. R. No. I â€" 87 of

2019 registered with Sayajiganj Police Station, Vadodara 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 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 India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police

Station between 1st to 10th day of every English calendar month till conclusion of trial;

[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;

[g] not enter into Vadodara district till the trial is over;

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.