Vinit Rajnikant Desai vs State Of Gujarat

Divyesh A. Joshi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R.I-14/2019 registered with the Gandevi Police Station, Navsari for the offence punishable under Sections 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

Learned advocate for the applicant submitted that the so-called incident has taken place on 10.08.2016 for which, the FIR has been lodged on 12.02.2019 and the applicant has been arrested in connection with the same on 13.03.2023 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that in fact, because of the breach of the undertaking, the applicant has been arrested and sent behind the bar. Learned advocate submitted that all the offences are exclusively triable by the Court of Magistrate. Learned advocate submitted that there are total nine offences registered against the applicant and out of which, in five offences, the applicant is bailed out and in connection with remaining four offences, the applicant is in jail. Learned advocate submitted that in fact, the father of the applicant has filed an undertaking dated 20.12.2023 in furtherance of the undertaking dated

19.12.2023 in the matter being Criminal Misc. Application No.10379/2023, wherein it is categorically stated by the father of the applicant that after the release on bail, the applicant will pay the amount in connection with the offences registered against him and will file an undertaking to that effect and will abide by the same and in fact, the dispute with the victim and complainant are almost over. It is, therefore, urged that considering the nature of the offence and the aforesaid aspects, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the present applicant is clearly spelt out from the papers of the chargesheet and huge amount is involved in the offences registered against the applicant and, hence, the present application may not be entertained.

Learned advocate appearing for the original complainant has also opposed the grant of bail application and submitted that the applicant has pocketed huge amount and, hence, no leniency may be shown upon the applicant and the present application may be rejected.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that the present application is preferred after submission of the chargesheet and now the investigation is completed and the applicant is in jail since 13.03.2023. It is found out that because of breach of condition, the applicant is in jail. Further as stated above, by filing undertaking, willingness has been shown by the applicant to pay an amount as mentioned in the undertaking dated 20.12.2023 filed by the father of the applicant in the matter being Criminal Misc. Application No.10379/2023 and to that effect, the applicant will also file an undertaking after his release. All the offences are exclusively triable by the Court of Magistrate. Therefore without going into the merits and demerits of the case, the present application deserves to be allowed.

This Court has also 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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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 applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the FIR being C.R.I-14/2019 registered with the Gandevi Police Station, Navsari on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 injuries 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 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] shall deposit the amount before the concerned trial court by the applicant as per the undertaking given by the father of the applicant and that will be filed by the applicant and on deposit of the same, the concerned bank/ complainant is at liberty to move for appropriate proceeding;

[h] shall file an undertaking after the release on bail with regard to the payment as stated in the undertaking dated 20.12.2023 filed by the father of the applicant and shall also abide by the same;

The authorities 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 concerned 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 applicant on bail.

Rule is made absolute to the aforesaid extent. Direct service is permitted.