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2022 DIGILAW 55 (GUJ)

Viram v. State of Gujarat

2022-01-11

ALPESH Y.KOGJE

body2022
JUDGMENT : ALPESH Y. KOGJE, J. 1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. I/11191048211216/2021 registered with Sarkhej Police Station, Ahmedabad for offence under Sections 307, 324, 323, 143, 144, 147, 148, 149, 294(B) and 114 of the Indian Penal Code and Section 135(1) of the Indian Penal Code. Subsequently, Section 302 came to be added. 2. Learned Advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions. 3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. 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 perused the papers. Following aspects are considered: (i) The FIR is registered on 17.06.2021 for the offence which is alleged to have taken place on 17.06.2021. (ii) The applicants are in jail since 30.06.2021. (iii) The investigation is concluded and charge-sheet is filed. (iv) Considering the age of the applicants being 18 and 19 years, respectively. (v) Considering the role attributed to the applicant to the extent of accompanying co-accused persons when the dispute erupted regarding the allotment of work of security. (vi) Submission of learned advocate for the applicant that it is the accused no. 1, who had dispute with the deceased regarding the security allotment, whereas the applicants have nothing to do with regard to the same. (vii) No antecedents are reported. (viii) Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant. 6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation, (2012) 1 SCC 40 . 7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, 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 applicants on regular bail. 8. Hence, the present application is allowed. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, 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 applicants on regular bail. 8. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R. No. I/11191048211216/2021 registered with Sarkhej Police Station, Ahmedabad, on executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall: (a) not take undue advantage of liberty or misuse liberty. (b) not act in a manner injurious to the interest of the prosecution and shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police. (c) surrender passport, if any, to the Trial Court within a week. (d) not leave the State of Gujarat without prior permission of the Trial Court concerned. (e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m. (f) furnish the present address of their 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 Trial Court. 9. The authorities will release the applicants only if they are 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. 10. 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. 11. 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 applicants on bail. 12. Rule is made absolute to the aforesaid extent. Direct service is permitted.