Raju @ Rajendra Bachubhai Ahir vs State Of Gujarat on 25 November, 2021

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Gujarat High Court

Raju @ Rajendra Bachubhai Ahir vs State Of Gujarat on 25 November, 2021

Bench: S.H.Vora

     R/CR.MA/18193/2021                                 ORDER DATED: 25/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 18193 of 2021

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                      RAJU @ RAJENDRA BACHUBHAI AHIR
                                   Versus
                             STATE OF GUJARAT
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Appearance:
KRUSHITA D DAVE(7857) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA

                              Date : 25/11/2021

                                ORAL ORDER

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

2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.I-No.11200019210954 of 2021 with Dungri Police Station, Valsad for the offences punishable under Sections 304, 295A, 120(B) and 34 of IPC, sections 11(a)(a), 11(1)(d), 11(1)(e), 11(1)(f), 11(1)(h), 11(1)(k) of Prevention of Cruelty to Animals Act, sections 4, 9(1) of Essential Commodities and Cattle (Control) Act, section 6(k)1 & 8 of Gujarat Animal Preservation (Amendment) Act and Rule 125(e) of Central Motor Vehicles Rules, 2015.

3. Heard and examined the papers placed for consideration in support of the submission made at bar.

4. Upon hearing submission, following picture emerges on record :-

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R/CR.MA/18193/2021 ORDER DATED: 25/11/2021

(i) Charge sheet is filed.

(ii) Learned advocate for the applicant states at bar that no past antecedent is registered qua the applicant.

(iii) The applicant is aged 21 years and there is allegation that he gave one cow of his ownership to co-

accused and even he was not present at the scene of offence. Except this, no other role is attributed to the present applicant and therefore, it is not proper and legal to deny bail to the applicant.

(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. registered at C.R.I-No.11200019210954 of 2021 with Dungri Police Station, Valsad on executing a 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 the applicant 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] not leave the territory of India without prior permission of the Sessions Judge concerned;

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R/CR.MA/18193/2021 ORDER DATED: 25/11/2021 [d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

6. The competent authority 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 committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 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. 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.

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

(S.H.VORA, J) SATISH Page 3 of 3 Downloaded on : Wed Jan 12 04:36:46 IST 2022

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