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Judgment
Vipul M. Pancholi, J
Learned advocate Mr.Jigar Dave has received instructions to appear on behalf of the original first informant. He is permitted to file his
Vakalatnama in the Registry. Registry to accept the same.
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.11191024200707 of 2020 registered with Ramol Police Station, District Ahmedabad City, for offence under Sections 307, 324, 294(b), 143, 147,
148 and 149 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act.
At the outset, learned Senior Advocate Mr.Y.S. Lakhani appearing for the applicant seeks permission to withdraw this application qua applicant
Nos.2 and 3 at this stage, as the charge-sheet is not filed. Permission, as prayed for, is granted. The present application stands disposed of, as
withdrawn, qua applicant Nos.2 and 3. Liberty is reserved to file a fresh application before the Sessions Court after filing of the charge-sheet.
Therefore, the present application is considered qua applicant No.1 only.
Learned Senior Advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicant No.1 may be
enlarged on regular bail by imposing suitable conditions.
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 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 No.1 on regular bail.
This Court has considered following aspects,
(a) applicant No.1 is in Jail since 02.07.2020;
(b) remand period is over and investigation is almost concluded;
(c) it is submitted by the learned Senior Advocate for the applicant that initially, the FIR is filed for the alleged offences punishable under Sections 324,
294(b), 143, 147, 148 and 149 of the Indian Penal Code. However, thereafter, Section 307 of IPC is added;
(d) it is further submitted that it is a case of cross FIR and the applicant No.1’s side has also filed an FIR against the first informant and others.
Copy of the said FIR is placed on record at Page-15 of the compilation;
(e) It is further contended that applicant No.1 has caused injury on the back of witness Sukhabhai Bijalbhai;
(f) I have considered the role attributed to the applicant No.1;
In the 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 partly-allowed. The applicant No.1 is ordered to be released on regular bail in connection with FIR being C.R.
No.11191024200707 of 2020 registered with Ramol Police Station, District Ahmedabad City, 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 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 for a period of six months between
11:00 a.m. and 2:00 p.m.;
[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 shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 qua applicant No.1 to the aforesaid extent. Rule is discharged qua applicant Nos.2 and 3. Direct service is permitted.
Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.