Vikramsinh Chandrasinh Rajput vs State Of Gujarat

Vipul M. Pancholi, J

Rule. Learned APP Mr.Ronak Raval waives service of Rule on behalf of the respondent State.

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.I-6

of 2017 registered with Bakor Police Station, District Mahisagar for offence under Sections 120B, 170, 171, 468, 471 and 395 of the Indian Penal

Code and Section 25(1)(AA) of the Arms Act and 66(D) of the I.T.Act.

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 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 on regular bail.

This Court has considered following aspects,

(a) applicant is in jail since 06.02.2020;

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

(c) it is submitted by learned advocate for the applicant that applicant was enlarged on bail by the concerned Court in connection with the FIR in

question. However, thereafter applicant could not remain present before the trial Court and therefore Non-Bailable Warrant was issued against him

pursuant to which he was arrested. Applicant therefore filed application being Criminal Misc. Application No.7956 of 2019. This Court, vide order

dated 29.04.2019, enlarged the applicant on bail by quashing and setting aside the NBW issued by the learned trial Court on certain terms and

conditions. However, once again the applicant could not remain present before the concerned trial Court and therefore the trial Court issued NBW

against him, pursuant to which, now the application is in jail.

(d) it is submitted that applicant will cooperate with the trial Court and will regularly remain present before the trial Court. Learned advocate has also

submitted that applicant is ready and willing to deposit Rs.15,000/- before the District Legal Services Authority within a period of one month from the

date of his release.

Looking to the overall 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 allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-6 of 2017

registered with Bakor Police Station, District Mahisagar 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] deposit Rs.15,000/- before the concerned District Legal Services Authority within a period of one month from the date of his release.

The authorities shall adhere to its own circular regarding Covid-19 and thereafter 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 to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/Authority

through Fax or Email.