Talibshah Musashah Fakir & 1 Other(S) 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 CRÂ​I/11824003200433 /2020 with Kakrapar Police Station, Tapi for the offence punishable under Sections 395, 427 and 506(2) of the

Indian Penal Code.

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

bail by imposing suitable conditions.

On the other hand, the learned Additional Public Prosecutor appearing for 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 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 FIR is registered on 25.07.2020 for the offence which took place on 20.07.2020.

II) The applicants are in custody since 27.07.2020.

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

IV) Submission of learned advocate for the applicant that coÂ​accused nos.1 & 2 in the chargeÂ​sheet have been enlarged on bail by the coordinate

bench of this Court

V) Learned advocate for the applicant submits that there are no antecedents against the present applicants.

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

against the applicant.

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 CRÂ​I/11824003200433 /2020

registered with Kakrapar Police Station, Tapi 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;

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

(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

(e) mark presence before the concerned Police Station on alternate Monday 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 their 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 this Court;

(g) not leave Tal:Vyara till completion of trial except for the purpose of marking presence before the concerned Police Station and attending the trial

proceedings.

The authorities will release the applicant 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. Direct Service is permitted.