Gujarat High Court
Rajubhai Baldevbhai Thakor vs State Of Gujarat on 22 March, 2021
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/4467/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4467 of 2021
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RAJUBHAI BALDEVBHAI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR. BHAVIK P SHAH(6391) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 22/03/2021
ORAL ORDER
1. RULE. Learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondent State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.148 of 2009 registered with Aslali Police Station, Ahmedabad for offence under Sections 363, 366, 376, 506(2) and 114 of the Indian Penal Code.
3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and Page 1 of 4 Downloaded on : Thu Jan 13 09:51:29 IST 2022 R/CR.MA/4467/2021 ORDER gravity of the offence.
5. Learned Advocates appearing on behalf of the respective parties do not press for 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 FIR is registered on 15.11.2009 for the offence which is alleged to have taken place on 14.11.2009.
II. The applicant is in jail since 02.02.2021. III. Investigation is concluded and charge sheet is filed.
IV. The offence is of 2009, where the applicant was enlarged on regular bail in 2011 and at best, role attributed to the applicant is to have helped the couple to elope.
V. The applicant has been arrested in view of the arrest warrant for remaining absent before the trial Court.
VI. Learned Advocate for the applicant under instructions undertakes before this Court that the applicant shall now continuously remain present on each and every date of adjournment before the trial Court without fail, failing which the bail will stand automatically cancelled and the applicant be arrested and put in judicial custody. VI. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Page 2 of 4 Downloaded on : Thu Jan 13 09:51:29 IST 2022 R/CR.MA/4467/2021 ORDER 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 applicant 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 applicant on regular bail.
9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR No.148 of 2009 registered with Aslali Police Station, Ahmedabad, 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 & 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 his residence to the
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R/CR.MA/4467/2021 ORDER
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;
(g) to file an undertaking before the trial Court within a week of release to the effect that the applicant shall now continuously remain present on each and every date of adjournment before the trial Court without fail, failing which the bail will stand automatically cancelled and the applicant be arrested and put in judicial custody;
10. 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.
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 applicant on bail.
13. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J) SHITOLE Page 4 of 4 Downloaded on : Thu Jan 13 09:51:29 IST 2022