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Gujarat High Court · body

2016 DIGILAW 2079 (GUJ)

Sureshkumar Karansingh Bariya v. State of Gujarat

2016-10-03

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 C.R. No. I-65 of 2016 registered with Godhra Town A Division Police Station, District: Panchmahal for the offences under Sections 381, 420, 409 and 201 of the Indian Penal Code. 2. Learned Advocate for the applicant submits that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. It is submitted that the allegation against the present applicant is that he has misappropriate an amount of Rs. 18,000/-. Learned Advocate Mr. P.P. Majmudar for ‘he applicant upon instructions received from his client submits that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs. 18,000/- before the concerned trial Court as compensation to the victim within a period of three weeks from the date of his release. It is also submitted that applicant has no objection if the said amount is given to the complainant but such concession may not be construed as admission of guilt by the applicant in future as the amount is deposited without prejudice to the rights and contentions of th applicant. It is further submitted that the substantial part of the investigation is over, only charge-sheet is required to be filed, therefore, now there is no possibility of tampering with the evidence. Therefore, considering the nature of allegations and gravity of the alleged offence, 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 FIR and other 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. Regard being had to the above submission and considering the nature of allegations made against the applicant in the FIR as also in view of the fact that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5. Regard being had to the above submission and considering the nature of allegations made against the applicant in the FIR as also in view of the fact that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs. 18,000/- before the concerned trial Court as compensation to the victim within a period of three weeks from the date of his release, this Court is of the opinion that discretion is required to be exercised in favour of the applicant to enlarge him 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-65 of 2016 registered with Godhra Town A Division Police Station, District: Panchmahal 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; [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] applicant shall deposit Rs. 18,000/- before the concerned trial Court as compensation to the victim within a period of three weeks from the date of his release. The applicant shall also file undertaking to this effect at the time of executing bail bond before the concerned trial Court. After deposit of the said amount shall be paid to the victim by account payee cheque after proper verification. The applicant shall also file undertaking to this effect at the time of executing bail bond before the concerned trial Court. After deposit of the said amount shall be paid to the victim by account payee cheque after proper verification. It is clarified that such disbursement of amount shall not be construed as admission of guilt by the applicant in future as the same is done without prejudice to his rights and contentions. 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. 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.