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Gujarat High Court · body

2016 DIGILAW 1964 (GUJ)

Prajapati Ravibhai Babubhai 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 First Information Report being C.R No. I-193/2013 registered with Mehsana “B” Division Police Station for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1)AA and 29 of the Arms Act and Section 135 of the Gujarat Police Act. 2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicant submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that the applicant was enlarged on bail by the Competent Court, but since he could not remain present at the time of framing of charge before the concerned Trial Court, non-bailable warrant came to be issued and the present applicant came to be arrested for committing the breach of conditions imposed by the concerned Trial Court. It is further submitted that now the charge is already framed by the concerned Trial Court and the applicant undertakes to remain present before the concerned Trial Court as and when required and shall not commit any breach of condition that may be imposed by the concerned Court. It is further submitted that the applicant is having roots in Mehsana District and having responsibility towards his family and he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate condition as may be deemed, fit and proper by this Court. It is further submitted that other co-accused have been enlarged on bail. It is further submitted that the investigation is over and chargesheet is filed and therefore, now there is no possibility of tampering with the evidence. It is further submitted that applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court. Therefore, considering the nature and gravity of accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. Therefore, considering the nature and gravity of accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that from the chargesheet papers, there is a prima facie case against the present applicant. Therefore, the present application may be rejected. 5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other chargesheet papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail as now there is no possibility of tampering with the evidence as chargesheet is filed. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R No. I-193/2013 registered with Mehsana “B” Division Police Station on his 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 FIR being C.R No. I-193/2013 registered with Mehsana “B” Division Police Station on his 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 following 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 Mehsana “B” Division Police Station on every Monday of each English calendar month, between 11:00 a.m and 2:00 p.m till the trial is over; (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) remain present before the concerned Trial Court as and when required and shall cooperate in the trial proceedings and shall not commit any breach of conditions; (h) not leave the Mehsana District till the trial is over except; 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.