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2017 DIGILAW 1460 (GUJ)

Kapilkumar Dhirajbhai Joshi v. State of Gujarat

2017-09-01

R.P.DHOLARIA

body2017
ORDER : R.P. DHOLARIA, J. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R No. II-80 of 2017 registered with the Karelibaug Police Station, District Vadodara, for the offence punishable under Sections 17(b) and 27 of the Drugs and Cosmetic Act, 1940. 2. Mr. Pravin Gondalia, learned advocate appearing for Mr. Nipul Gondalia, learned advocate for the applicant submits that after conclusion of the investigation, charge-sheet is filed and the present accused is arrested upon the statement of co-accused-Dharmesh Joshi and upon his confession statement given before the complainant as well as before another agency. However, as per his statement, there is no iota of evidence to connect the accused with the crime in question. He further submits that alleged seized spurious drugs have been procured from the absconding accused-Surendrasinh Solanki-accused No. 4 who has not yet been apprehended by the police. He has therefore, submits that the applicant may be enlarged on regular bail by imposing suitable conditions. 3. The learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. I have heard the learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant. 6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR and considering the fact that investigation is over and charge-sheet is filed. Though the offence is serious in nature, but the present applicant was arrested only on the statement of one of the accused, therefore, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 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. II-80 of 2017 registered with the Karelibaug Police Station, District Vadodara, on 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 an offence being C.R No. II-80 of 2017 registered with the Karelibaug Police Station, District Vadodara, 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 he 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 alternate Monday of every English Calendar Month between 11:00 a.m and 2:00 p.m for six months only; [f] furnish the present 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. 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.