Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1858 (GUJ)

Bunty @ Jasveersing Gulzarsing Chaudhary v. State of Gujarat

2017-12-01

P.P.BHATT

body2017
ORAL 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-19 of 2017 registered with Kamrej Police Station, District: Surat Rural for the offences punishable under Sections 143, 147, 302, 34 of the Indian Penal Code. 2. Heard the learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicant submits that the present applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is submitted that the applicant was not named in the FIR. Besides, the co-accused who have similar role were released by this Court on regular bail. It is also submitted that the present applicant has no past criminal antecedents. It is further submitted that the investigation is over and charge sheet is filed, now, there is no possibility to tampering with the evidences. It is further submitted that the applicant is having roots in Surat District and having responsibility towards his family. It is further submitted that the present applicant is ready and willing to abide by the terms and conditions which may be deemed fit and proper by this Court and therefore, the present applicant may be enlarged on bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State while opposing the present application submits that looking to the nature and gravity of the offences, the applicant may not be enlarged on bail. 5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR as also considering the fact that co-accused have been released on bail by the Co-ordinate Bench of this Court, looking to the circumstances in which the alleged offence occurred, this Court is of the view that discretion is required to be exercised to 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 offences being C.R. No. I-19 of 2017 registered with Kamrej Railway Police Station, District: Surat Rural 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 offences being C.R. No. I-19 of 2017 registered with Kamrej Railway Police Station, District: Surat Rural 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 Surat District till the trial is over; 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; 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.