Tushar Girishbhai Patel vs State Of Gujarat

Nirzar S. Desai, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I- C.R.No.22 of 2015 dated 25.4.2015 registered with Mankuva Police Station, District: Kachchh West for offences punishable under Sections 406, 420, 465, 467, 120B, 506(2) and 114 of Indian Penal Code.

Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP further states that with a view to secure the presence of present applicant at the time of trial suitable conditions may be imposed.

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 on regular bail.

This Court has considered following aspects:-

(a) applicant is in jail since 15.2.2023;

(b) investigation is over and charge-sheet is filed;;

(c) other co-accused have been enlarged on either on anticipatory bail or regular bail by this Court viz. (i) Patel lalji Vishram Pindoriya has been enlarged on anticipatory bail vide order dated 21.1.2020 by Co-ordinate Bench of this Court in Criminal Misc. Application No.22135 of 2019;

(ii) Suresh Manji Bhudia has been enlarged on regular bail vide order dated 2.12.2015 by Co-ordinate Bench of this Court in Criminal Misc. Application (For Regular Bail) No.22316 of 2015;

(iii) Pravin Alias Premji Valji Halai has been enlarged on regular bail vide order dated 2.12.2015 by Co-ordinate Bench of this Court in Criminal Misc. Application (For Regular Bail) No.22312 of 2015;

(iv) Arvind Alias Bako Jadva Varsani (Patel) has been enlarged on regular bail vide order dated 29.10.2015 by Co-ordinate Bench of this Court in Criminal Misc. Application (For Regular Bail) No.19188 of 2015;

(d) learned advocate Mr. Jignesh Pandav appearing with learned advocate Mr. Nirmit A. Dixit upon instruction states that the present applicant is ready and willing to deposit a sum of Rs.5,00,000/- within a period of three months from the date of his actual release to his bonafide.

(e) there is no past antecedent reported against the present applicant;

(f)Learned APP could not point out any exceptional circumstances.

In the facts and circumstances of the present case, I am inclined to consider the case of the present 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 allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-C.R.No.22 of 2015 dated 25.4.2015 registered with Mankuva Police Station, District: Kachchh West 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;

[g] not leave the GUJARAT 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 Sessions 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 to the aforesaid extent. Direct service is permitted.