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Judgment
Ilesh J. Vora, J
Heard learned advocate for the applicant and learned APP for the respondent – State.
Rule. Learned APP waives service of notice of rule for and on behalf of respondent – State.
The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11213015210377 of 2021 registered with Gondal City Police Station, Dist. Rajkot for the offence punishable under Sections 302, 201, 120B, 114 of the Indian Penal Code and Section 135 of the G.P.Act.
The applicant is facing charge of murder of one Ajaysinh Rajendrasinh, Jadeja. As per the prosecution case, prior to the incident, accused No.1 – Jayveersinh Jadeja was arrested in connection with the offence registered against him for causing damage to the S.T.Bus. The accused Jayveersinh was having suspicious that his name in the offence was alleged to have been given by the deceased Ajaysinh. Under such circumstances, he made plan to kill the deceased and accordingly, in connivance with the co-accused, deceased was fatally assaulted by knife, hockey stick. So far as, the role of the applicant herein is concerned, it is alleged that he had caused injuries to the deceased by giving kick and fists blows. Under such circumstances, FIR came to be registered for the offence as referred above. The applicant is arrested on 08.06.2022 and finally, he has been chargesheeted.
Mr.P.B.Khandheria, learned counsel appearing on behalf the applicant submits that the prosecution case rests upon the circumstantial evidence. Nothing incriminating material found from the applicant herein to link him in the alleged offence. Under such circumstances, he prays that the applicant has been falsely implicated in the alleged offence, and therefore, discretion may kindly be exercised in favour of the applicant by enlarging him on bail.
Opposing the bail application, Mr.Manan Mehta, learned APP submitted that there is a reasonable ground to believe that the applicant has committed the offence and he being a part of the criminal conspiracy, there is a sufficient evidence to connect him in alleged offence. Thus, considering the nature of gravity and accusation, severity of punishment, the discretion may not be exercised in favour of the applicant.
Having considered the chargesheet case papers and materials available on record, it appears that pursuant to the statement of co-accused, he has been implicated in the alleged offence as accused No.3. Record indicates that there is no any eye witness to the incident and he is not named in the FIR and nothing recovered or discovered at the behest of the applicant. Under such circumstances, considering the role attributed to the applicant herein and the evidence in support of charge, without expressing anything on the merits of the case, this Court is inclined to enlarge the applicant herein on regular bail.
Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No. 11213015210377 of 2021 registered with Gondal City Police Station, Dist. Rajkot, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall; No. Conditions
(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 India without prior permission of the Sessions Judge concerned;
(e) furnish latest 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 trial Court;
The authorities shall release the applicant if he is not required in connection with the any other offences. If breach of any above condition is committed, the learned Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Rule is made absolute to the aforesaid extent.
Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Registry to send a copy of this order to the concerned Jail Authority as well as learned Sessions Court forthwith through fax and e-mail.
Direct service is permitted.