Dharmesh @ Dhamo Balubhai Rajput v. State of Gujarat
2016-09-06
P.P.BHATT
body2016
DigiLaw.ai
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R No. I-83 of 2015 registered with GIDC Vatva Police Station, District: Ahmedabad for the offences punishable under Sections 302, 143, 147, 148 and 149 of the Indian Penal Code. 2. Learned advocate for the applicant submits that there is no eye witness to the incident. The postmortem report also suggests cause of death due to stab injury associated with other multiple injuries. Learned advocate Mr. Nanavati submits that by now all the other 12 co-accused have been enlarged on bail. It is further submitted that even the postmortem report is not clear on the involvement of the present applicant. The applicant is a resident of Ahmedabad city and also having responsibilities towards his family and is not likely to abscond or run away, and his presence can be secured by imposing suitable conditions. It is submitted that the investigation is over and charge sheet is submitted and therefore there is no possibility of tampering the evidence. Learned advocate therefore submits that considering the nature of allegations, and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions. 3. 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. 4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5. Regard being had to the above submissions and considering the nature and gravity of accusation made against the applicant in the FIR and other charge sheet papers, this Court is of the view that discretion is required to be exercised to enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the offence being CR. No. I-83 of 2015 registered with GIDC Vatva Police Station, District: Ahmedabaon executing a personal bond of Rs.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the offence being CR. No. I-83 of 2015 registered with GIDC Vatva Police Station, District: Ahmedabaon executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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 State of Gujarat without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.; [f] furnish latest and permanent 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; 6. 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 Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned 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, learned 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. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.