RABARI MANISHBHAI @ GUDDU LEBABHAI v. STATE OF GUJARAT
2018-10-12
A.Y.KOGJE
body2018
DigiLaw.ai
ORDER : 1. This Appeal is filed by the appellant under Section 14(A) of the Prevention of Atrocities Amendment Act, 2015 and Section 439 of the Criminal Procedure Code for regular bail in connection with FIR registered as C.R. No.I-86/2018 with Kadi Police Station, Mahesana for the offences punishable under Sections 143, 147, 323, 504, 506(2) and 427 of the Indian Penal Code and under Sections 3(1)(r) and 3(2)(5a) of the Atrocities Act. 2. Learned Advocate appearing on behalf of the appellant submits that considering the nature of offence, the appellant may be enlarged on regular bail by imposing suitable conditions. 3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence and that the appellant is in company with the co-accused Manish Mohan, who is not only strong headed but is having antecedents and is yet not arrested. 4. Learned Advocate for the complainant opposes the grant of bail and submitted that since long, the appellant has been harassing the locals including the complainant. It is further submitted that the appellant is a very strong headed person. 5. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order. 6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :- (I) The appellant is in custody since 14.05.2018; (II) The investigation is concluded and charge-sheet is filed; (III) The submission of learned advocate for the appellant that qua the allegations, the offence is filed belatedly, after two days, just to attract the provisions of the Atrocities Act; (IV) The submission of learned Advocate for the appellant that the appellant is young, aged 25 years and engaged in the occupation of animal husbandry; (V) Considering the aforesaid submissions more particularly, the age of the appellant, the nature of allegations against the appellant and that the offence is belated and considering the maximum sentence that can be imposed and; (VI) Learned APP under the instructions of the IO is unable to bring on record any special circumstances against th appellant. 7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 8.
7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 8. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant in the First Information Report, 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 appellant on regular bail. 9. Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with C.R. No.I-86/2018 with Kadi Police Station, Mahesana 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 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 for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) furnish the present address of his 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) Not to enter the limits of Taluka Kadi, for a period of one year, except for marking presence or attending the trial. 10. The authorities will release the appellant 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. 11. Bail bond to be executed before the 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. 12.
11. Bail bond to be executed before the 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. 12. At the trial, the 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 appellant on bail. 13. The appeal is allowed in the aforesaid terms. Direct Service is permitted.