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Gujarat High Court · body

2016 DIGILAW 1952 (GUJ)

Rajendrakumar Dhirajlal Naik v. State of Gujarat

2016-09-06

P.P.BHATT

body2016
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 CR. No. I-27 of 2016 registered with Viramgam Police Station, District: Ahmedabad for the offences punishable under Section 409 of the Indian Penal Code. 2. Learned advocate for the applicant submits that the present applicant was working as a Godown In-charge in Food Corporation of India at Viramgam. As per the allegations made in the First Information Report at the time of taking stock by the Zonal, Squad, 371 bags were found less than the stock received and the value of the said bags comes to around Rs.3,22,770/-. It is submitted that the applicant is also facing departmental proceedings and he has deposited Rs.25,000/-. The applicant is serving as a Godown In-charge and having responsibilities of his family and the applicant is not likely to run away or abscond and is willing to abide by the terms and conditions that may be imposed by this court. Learned advocate further submits that substantial part of the investigation is over and charge sheet will be filed soon, 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. It is also submitted that in the departmental enquiry was held and three increments were stopped and an amount of Rs.25,000/- was imposed upon the applicant, which is already paid and the statutory appeal preferred by the applicant is pending before the competent authority. Learned advocate for the applicant also submits that the without prejudice to his rights and contentions the applicant is ready and willing to deposit Rs.50% of the amount, i.e. Rs.1,61,385/-. 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. 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-27 of 2016 registered with Viramgam Police Station, District: Ahmedabadon 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; [g] shall deposit an amount of Rs.1,61,385/- in two equal installments, one within fifteen days of his release and the other after a month thereof. 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. 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.