Jigar @ Jigo Laxmanbhai Rathod v. State of Gujarat
2016-09-16
B.N.KARIA
body2016
DigiLaw.ai
ORDER : B.N KARIA, 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-05 of 2016 registered with Infocity Police Station, District-Gandhinagar for the offences punishable under Sections 395 and 120-B of the IPC. 2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicant submits that the role of the present applicant is similar to that of co-accused persons namely; Mr. Rakesh Maganbhai Shah, Mr. Chirag @ Pancho Purshottambhai Rathod and Ravi Rajubhai Sindhi have been enlarged on bail by this Court vide orders dated 23.08.2016 passed in Criminal Misc. Application No. 18427 of 2016 and dated 15.9.2016 passed in Criminal Misc. Application Nos. 19558 and 15612 of 2016 by the coordinate bench of this Court, and, therefore, on the ground of parity, the present applicant may be enlarged on regular bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail and submitted that from the charge-sheet papers, there is a prima facie case against the present applicant for committing the alleged offence and, therefore, looking to the nature and gravity of the offence, this application may be dismissed. 5. Regard being had to the above submissions and considering the nature of allegations made against the applicant in the First Information Report and the fact that the role of the present applicant is similar to that of co-accused person has been enlarged on bail by this Court vide order dated 23.08.2016 passed in Criminal Misc. Application No. 18427 of 2016, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 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-05 of 2016 registered with Infocity Police Station, District-Gandhinagar, on their executing a personal bond of Rs.
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-05 of 2016 registered with Infocity Police Station, District-Gandhinagar, on their executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) each 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) not enter into District-Gandhinagar except marking presence and attending trial court before the concerned Police Station on every Monday of each English calendar month 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; 7. The Authorities will release the applicants 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. 8. Rule is made absolute to the aforesaid extent. Direct Service is permitted.