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Gujarat High Court

Sumit @ Jignesh Bhagabhai Katara vs State Of Gujarat on 5 September, 2023

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                            NEUTRAL CITATION




     R/CR.MA/8790/2023                                        ORDER DATED: 05/09/2023

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      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC. APPLICATION NO.8790 of 2023

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                         SUMIT @ JIGNESH BHAGABHAI KATARA
                                       Versus
                                  STATE OF GUJARAT
=========================================
Appearance :
MR ASHISH M DAGLI for the Applicant.
MR DARSHAN P DAVE for the Complainant.
MS MAITHILI MEHTA, APP for the Respondent.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                     Date : 05/09/2023
                                      ORAL ORDER

1. Heard learned advocate for the applicant and learned APP for the respondent - State.

2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11821020220525 of 2022 registered with Fatepura Police Station, District Dahod for the offences punishable under Sections 302, 326, 323, 143, 147, 148, 149, 307, 427, 504, 120(B) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

NEUTRAL CITATION R/CR.MA/8790/2023 ORDER DATED: 05/09/2023 undefined

4. On the other hand, learned APP appearing for the respondent

- State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 09.01.2023;

(ii) the investigation is over and the charge-sheet is filed;

(iii) the applicant is not named in the FIR and he is arraigned as an accused on the basis of statement of co-accused;

(iv) the allegation against the present applicant is that he was doing reiki and on the basis of reiki carried out by him, when he supplied the information to co-accused persons, they assaulted the deceased person. However, the present applicant even as per the charge-sheet papers, has not given any blow to the deceased person and this aspect could not be disputed by learned APP Ms. Mehta as well as learned advocate Mr. Darshan Dave appearing for the original complainant.

(v) there is no discovery or recovery from the present applicant;

(vi) there are no past antecedents reported against the present applicant as per the statement made by learned Page 2 of 4 Downloaded on : Sat Sep 16 16:06:57 IST 2023 NEUTRAL CITATION R/CR.MA/8790/2023 ORDER DATED: 05/09/2023 undefined advocate Mr. Ashish Dagli for the applicant;

(vii) trial will take its own time;

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11821020220525 of 2022 registered with Fatepura Police Station, District Dahod on executing 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] furnish latest 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 the trial Court;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

7. The Authorities will release the applicant only if the applicant is not required in connection with any other offence for the time being. If breach of any of the above conditions is Page 3 of 4 Downloaded on : Sat Sep 16 16:06:57 IST 2023 NEUTRAL CITATION R/CR.MA/8790/2023 ORDER DATED: 05/09/2023 undefined 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.

8. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(NIRZAR S. DESAI,J) SAVARIYA Page 4 of 4 Downloaded on : Sat Sep 16 16:06:57 IST 2023