Sirajbhai Ahmedbhai Sipai vs State Of Gujarat

A.S. Supehia, J

Heard the learned advocates for the respective parties by video conferencing.

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR

registered as C.R. No.11216005200217 of 2020 registered with Dehgam Police Station, District Gandhinagar for the offences punishable under

Sections 6(B)(1), 5, 6, 8, 6(A)(B) and 8(2), 8(4) of the Gujarat Animal Preservation (Amendment) Act and section 11(1)(L) of the Prevention of

Cruelty to Animals Act and Section 119 of the Gujarat Police Act.

Learned advocate appearing on behalf of the applicants submit that considering the nature of the offence, the applicants may be enlarged on regular

bail by imposing suitable conditions. He has submitted that the applicants are in jail since 25.04.2020.He has further submitted that from bare perusal

of the said FIR, there is no overt act attributed to the applicants. He has submitted that there is no direct witness implicating the applicants. He has

also submitted that from the FIR, it is not borne out that any material is recovered from the applicants to implicate them having objectionable activity

relating to cruelty to animal and merely on the basis of suspicious, the applicants are falsely arraigned as accused in the present case.

Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned advocate 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 applicants on regular bail.

I have considered the submissions canvassed by the learned advocate for the applicant and I have also perused the material placed on record.

This Court has taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation,

[2012] 1 SCC 40.

Having regard to the above submissions and in the facts and circumstances of the case and considering the nature and gravity of accusation made

against the applicants in the FIR, this Court is of the view that discretion is required to be exercised in favour of the applicants for grant of bail and,

since there is no possibility of tampering with the evidence as charge-sheet is already submitted. Moreover, the applicants assure that they will abide

by the terms and conditions that may be imposed by the Court and shall not commit any breach.

Further I do not intend to go into the merits of the matters and I am persuaded to exercise my discretion in favour of the applicants. The

investigation is over and the charge-sheet has already been filed and the trial would take a considerable long period of time.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with C.R. No. 11216005200217

of 2020 registered with Dehgam Police Station, District Gandhinagar on executing their personal bond of Rs.10,000/- (Ten Thousand) each with two

surety of the like amount to the satisfaction of the 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(s), if any, to the Trial Court within a week;

(d) not leave the India without prior permission of the Trial Court concerned;

(e) mark their presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months

between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present addresses of their residences to the Investigating Officer and also to the Court at the time of execution of the bond and shall not

change the residences without prior permission of Trial Court;

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 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 applicants on bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Registry is directed to intimate the concerned jail

authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other

suitable electronic mode. Learned advocate for the applicants is also permitted to send a copy of this order to the concerned jail authority and the

concerned Sessions Court through Fax message, email and/or any other suitable electronic mode.