Shankarbhai @ Chako Budhabhai Rabari vs State Of Gujarat

S.H.Vora, J

Rule. Learned APP waives service of notice of Rule on behalf of respondent-State. Learned advocate Mr. Y.J.Patel is permitted to appear for the

complainant and assist learned APP.

Heard learned advocate, for the applicant, learned APP, for the respondent-State and learned advocate for the complainant through V.C.

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at

C.R.No.11205043203332 of 2020 with Bhuj ‘B’ Division Police Station, Kutch East Bhuj for the offences punishable under Sections 302, 364,

120(B), 34 and 201 of IPC and under section 135 of GP Act.

Facts of the case are as under :-

4.1. It is the case of the first informant that on 15.12.2020 at around 4.00 pm, when he was present at his farm situated at Sae Pichhana road, he

received a phone from one Vishalbhai Rabari, under whom, his son was working, in turn informing him that ar around 10.00 am, the deceased and his

friend Durgesh Aahir were going towards Bhuj RTO and thereafter, at around 1.30 pm to 2.00 pm, when he tried to call the deceased, his mobile

phone was switched off. Therefore, said Vishalbhai called Durgesh, who informed him that when he along with the deceased were standing at the

gate of Bhuj RTO office, between 1.00 pm to 1.30 pm, original accused no.2 resident of village Moda, Rapar to whom he knows, called original

accused no.1 Kano. Therefore, Durgesh came to know about original accused no.1. It is further stated in the FIR that it is informed by Durgesh to

Vishalbhai that original accused no.1 and 2 were talking with the deceased and the said accused persons have taken the deceased along with them. It

is further stated that when the said incident was informed by Vishalbhai to the first informant, the first informant along with his relatives went to Bhuj

and they reached Bhuj at 12.00 AM in the night and they searched for the deceased near RTO and when deceased was not found, the first informant

had gien Jabnvajog before Bhuj ‘B’ Division Police Station.

4.2. It is further stated in the FIR that on 16.12.2020 in the morning hours, when the first informant went ot the police for registering FIR for

kidnapping, at that time, relative of the first informant i.e. Ishwarbhai Rabari called the first informant at 10.00 AM and informed him that deceased

body of the deceased Jivan was lying near the pond situated at Village Kunjisar and there are injury marks on the dead body of the deceased.

Therefore, the first informant did not got to Bhuj and went ot Kunjisar village where he found dead body of his son i.e. deceased, on which blood was

found and wounds can be seen on the front and back side of the dead body.

4.3. It is alleged that since deceased was in love relationship with the wife of original accused no.1, keeping a grudge against the deceased, original

accused nos.1 and 2 have kidnapped the deceased from Bhuj RTO office and the deceased was done to death. Hence, offence is lodged initially

against original accused nos.1 and 2 of the FIR.

Heard and examined the papers placed for consideration in support of the submission made at bar.

Upon hearing submission, following picture emerges on record :-

(i) Charge sheet is filed.

(ii) No past antecedent is registered qua the applicant.

(iii) The applicant is involved in the offence on the basis of demonstration panchnama drawn at the instance of named accused and foot print of

applicant’s chappal found at the scene of offence. Except this, there is no any direct or indirect evidence / material pointed out by learned APP or

learned advocate for the complainant. In view of such position, it is not legal and proper to deny bail to the applicant on such weak evidence.

Therefore, present application deserves consideration.

(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed

by the applicant, pending investigation and trial.

Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. registered at C.R.No.11205043203332

of 2020 with Bhuj ‘B’ Division Police Station, Kutch East Bhuj on executing a 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 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] not leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and

shall not change the residence without prior permission of Sessions Court concerned;

The competent authority 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 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 observations of preliminary nature, qua the evidence

at this stage, made by this Court while enlarging the applicant on bail.

Rule made absolute to the aforesaid extent. Direct service is permitted.