Vipisinh @ BP Hari Prashad Gurjar 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-53 of 2016 registered with Mahemdabad Police Station, District: Kheda for the offences under Sections 406, 419, 420, 418, 419, 420, 465, 468, 471, 177, 199, 114 and 120(b) of the Indian Penal Code. 2. Learned advocate for the applicant submits that the applicant is arrested in connection with an FIR being C.R No. I-53 of 2016 registered with Mahemdabad Police Station, District: Kheda for the offences under Sections 406, 419, 420, 418, 419, 420, 465, 468, 471, 177, 199, 114 and 120(b) of the Indian Penal Code. The allegation against the present applicants that he has given some money to the agent who has in turn provided certain documents enabling the present applicant to secure job in Armed Forces. It is further submitted that upon verification of the said documents during the course of training, the illegal act of the present applicant came in light and thereafter he has been removed from the services. It is further submitted that the accused person who collected the money for providing fabricated and forged document has been enlarged by the concerned trial Court. Moreover, it is also submitted that investigation is over and charge-sheet has been submitted and therefore, now there is no possibility of tampering with the evidence and the applicant is ready and willing to abide by the terms and conditions that may be imposed by the Court, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed this application and submitted that looking to the charge-sheet papers there is a prima facie case against the present applicant for committing serious offence and looking to the nature and gravity of the offence, the applicant may not be enlarged on bail. 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.
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 submission considering the nature and gravity of accusation made against the applicant and also considering the fact that the co-accused person who had collected the money has been enlarged by the concerned trial Court, this Court is of the view that discretions required to be exercised in favour of the present applicant for regular bail as the charge-sheet has been submitted and, now there is no possibility of the tampering with the evidence. 6. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R No. I-53 of 2016 registered with Mahemdabad Police Station, District: Kheda on 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 till the trial is over; (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; 7. 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.
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. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted.