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Gujarat High Court · body

2016 DIGILAW 2085 (GUJ)

Bhupatbhai Tejabhai Metaliya 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 Prohibition C.R. No. 5105 of 2016 registered with Limdi Police Station, District Surendranagar, for the offences punishable under Sections 66(1)B, 65AE, 116B and 81 of the Prohibition 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 arrested merely on suspicion, as there was one criminal antecedent of the applicant of similar nature. It is submitted that Muddamal article has been seized by the Police. It is further submitted that the applicant is having root in District Surendranagar and having responsibility towards his family, therefore, there is no likelihood to run away from the trial and his presence can be secured at the of trial by imposing suitable conditions. It is further submitted that the offence is triable by Magistrate Court, therefore, considering the nature of allegation and gravity of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Learned Advocate for the applicant upon instructions submits that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs. 5,000/- before the District Legal Service Authority, Surendranagar. It is also stated that the applicant will not claim any refund in future. 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 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, considering the nature and gravity of accusation made against the applicant in the First Information Report and other police papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the Prohibition C.R No. 5105/2016 registered with Limdi Police Station, District Surendranagar, 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 Prohibition C.R No. 5105/2016 registered with Limdi Police Station, District Surendranagar, 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 the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, Jalternate 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] deposit an amount of Rs. 5,000/- (Five Thousand Only) before the District Legal Services Authority, Surendranagar, at the time of executing bail bond before the concerned trial Court, failing which this order shall automatically stands cancelled. The said amount shall be utilized for the purpose of legal service activities. Copy of the order be sent to District Legal Services Authority, Surendranagar. 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.