Sohilkhan Shoktkhan @ Suktkhan Pathan vs State Of Gujarat

A.Y. Kogje, J

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

registered as C.R. No.IÂ11191007200976 of 2020 with BAPUNAGAR POLICE STATIONÂ AHMEDABAD CITY, for the offence punishable

under Sections 406, 420 of the Indian Penal Code and under SectionÂ​66Â​C and 66Â​D of the Information Technology Act.

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

bail by imposing suitable conditions.

On the other hand, the learned Additional Public Prosecutor appearing for the respondentÂState 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 a further reasoned order.

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

Following aspects are considered :Â​

I) The F.I.R. is registered on 17Â​08Â​2020 for the offence which is alleged to have taken place between 30Â​03Â​2020 to 31Â​03Â​2020.

II) The applicants are in custody since 26Â​09Â​2020;

III) Investigation is concluded and chargeÂ​sheet is filed;

IV) Learned Advocate for the applicants submitted that considering the maximum sentence that can be imposed;

V) Learned Advocate for the applicants submitted that the applicants are facing prosecution in 8 other offences, wherein the applicants have been

enlarged on regular bail by the competent court;

VI) Learned Advocate for the applicants submitted under instruction that the applicants are ready and willing to deposit the part of the amount, which

is subject matter of offence;

VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances

against the applicants.

This Court has 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.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report,

without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the

applicants on regular bail.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with C.R. No.IÂ11191007200976

of 2020 with BAPUNAGAR POLICE STATIONÂAHMEDABAD CITY on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand

Only) EACH with one 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 & shall not obstruct or hamper the police investigation and shall not to play mischief

with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

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

(e) shall deposit an amount of Rs.1,00,000/Â (Rupees One Lakh only) within the period of four weeks from today before the trial Court. Upon failure

to make such deposit, the bail application shall stand automatically cancelled and the Investigating Agency may arrest the applicants and put them into

judicial custody;

(f) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(g) furnish the present address of his 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 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.

11.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.