Gujarat High Court
Hada Upendrasinh Dashrathsinh vs State Of Gujarat on 26 May, 2020
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
R/CR.MA/6805/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6805 of 2020
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HADA UPENDRASINH DASHRATHSINH
Versus
STATE OF GUJARAT
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 26/05/2020
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with FIR being CR No.I-11209054200050 of 2020 registered with Vadali Police Station, District Sabarkantha, for the offence under Sections 306, 504, 506(2) and 114 of the Indian Penal Code and Sections 32 and 33(a)(b) of the Money Lending Act .
3. Mr. Manish S. Shah, learned advocate appearing on behalf of the applicant through video conferencing submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. As against this, Mr. J.K. Shah, learned Additional Public Prosecutor appearing for the respondent - State through video conferencing has opposed grant of regular bail looking to the nature and gravity of the offence.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. Having heard the learned advocates appearing on behalf of the Page 1 of 3 Downloaded on : Tue May 26 21:09:09 IST 2020 R/CR.MA/6805/2020 ORDER respective parties and perusing the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offence, role attributed to the accused, without discussing the evidence in detail, this court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
7. This court, has considered the aspects viz., (i) the applicant is in in jail since 19.3.2020; (ii) chargesheet is filed; (iii) it is submitted by the learned advocate for the applicant that prima-facie the ingredients of alleged offence punishable under Section 306 of the IPC are not made out; and (iv) I have considered the role attributed to the applicant. Looking to the overall facts and circumstances of the case, this court is inclined to exercise the discretion and enlarge the applicants on regular bail. This court has also taken into consideration the principle enunciated by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40.
8. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being CR No.I-11209054200050 of 2020 registered with Vadali Police Station, District Sabarkantha, 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 India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station Page 2 of 3 Downloaded on : Tue May 26 21:09:09 IST 2020 R/CR.MA/6805/2020 ORDER between 1st to 10th day 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 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 concerned trial court;
9. 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.
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 made by this court in the present order.
12. Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned court/authority, forthwith through fax/e-mail.
(SANGEETA K. VISHEN,J) Binoy PIllai/Dolly Page 3 of 3 Downloaded on : Tue May 26 21:09:09 IST 2020