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Judgment
Sangeeta K. Vishen, J
Rule. Ms.Thakor, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent State.
The applicant â€" accused has preferred the present application under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in
connection with FIR No.11213091200637 of 2020 registered with Shapar-Veraval Police Station, Rajkot for the offence punishable under Sections
143, 147, 148, 325, 332, 337, 307, 395, 427, 431, 188, 269 of the Indian Penal Code and Section 144 of the Code of Criminal Procedure and sub-section
(2) of Section 3 of the Gujarat Prevention of Antisocial Activities Act.
Mr. Gajendra Baghel, learned advocate appearing on behalf of the applicant, at the outset, has placed on the record the order dated 7.7.2020 passed
by this court in Criminal Miscellaneous Application No.9000 of 2020 and other allied matters and submitted that the co- accused named in the very
First Information Report, have been released on regular bail. It is submitted that though the applicant is named in the First Information Report, no role
has been attributed against the applicant. It is submitted that the applicant, being poor labourer, has family to look after and be released on regular bail.
It is also submitted that there is no criminal antecedent alleged or reported of the applicant. It is also submitted that even otherwise, the injuries
suffered by the police personnels were minor injuries. It is submitted as aforesaid, that the co-accused who have been alleged to have inflicted injuries
to the police officers, have been released on regular bail by the co-ordinate Bench of this Court. Thus, it is urged that considering the nature of the
offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
Ms.Nisha Thakor, learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed the grant of regular bail looking to
the nature and gravity of the offence. It is submitted that as is discernible from the First Information Report, the mob of the migrant labourers had
turned violent. Further, the mob had indulged in stone pelting and inflicting injuries to the police personnels performing their duty. Owing to the violence
by the mob, various police personnels, have sustained grievous injuries. Not only this, even a person from the press was manhandled. Thus, looking to
the nature of offence committed by the accused persons, the applicants be not released on bail.
Heard Mr. Gajendra Baghel, learned advocate for the applicant and Ms. Nisha Thakor, learned Additional Public Prosecutor for the respondent
State through video conference.
Learned advocates for 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 the aspects, namely (i) the applicant is though named in the First Information Report has not been attributed any role; (ii)
the applicant is in jail since 20.5.2020; and (iii) it is submitted by the learned advocate for the applicant that the co-accused who have been named and
have been attributed role in inflicting injuries, have been released on bail. Thus, the applicant be released on bail. This Court has also considered the
principle enunciated by the Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation, reported in (2012) 1 SCC 4.0 In view of
the submissions canvassed by the learned advocate for the applicant and in view of the facts and circumstances of the present case, I am inclined to
consider the case of the applicant.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with First Information Report
No.11213091200637 of 2020 registered with Shapar-Veraval Police Station, Rajkot, on executing a personal bond of Rs.1,000/- (Rupees One
Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall â€
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] 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 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 learned 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.
Needless to say, 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. Registry to communicate this order to the concerned court/authority through fax or e-mail, forthwith.