Gujarat High Court
Nirajkumar Dhirajlal Adesara (Soni) vs State Of Gujarat on 17 June, 2016
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/10083/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 10083 of 2016
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NIRAJKUMAR DHIRAJLAL ADESARA (SONI)....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PRADIP J PATEL, ADVOCATE for the Applicant(s) No. 1
MR VH KANARA, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 17/06/2016
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-14 of 2016 registered with Jamnagar Panchkoshi 'A' Division Police Station, District:-
Jamnagar for the offences punishable under Sections 302, 143, 147, 148, 149 of the IPC and Section 135(1) of the G.P. Act and under Section 3(2)(5) of the Atrocity Act.
2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.
3. Learned advocate for the applicant submits that similarly situated co-accused namely,Vallabhbhai Ganeshbhai Page 1 of 4 HC-NIC Page 1 of 4 Created On Sun Jun 19 03:56:31 IST 2016 R/CR.MA/10083/2016 ORDER Kasundra and Ashwinbhai Jaysukhbhai Halvadia have been enlarged on bail by this Court as per the order dated 10.6.2016 passed in Criminal Misc. Application No.10421 of 2016 and Criminal Misc. Application No.13426 of 2016 respectively and, therefore, on the ground of parity, the applicant may be enlarged on regular bail.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail and submitted that from the police papers, there is a prima facie case against the present applicant and, therefore, looking to the nature and gravity of the offence, this application may be dismissed.
5. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the First Information Report and the fact that similarly situated co-accused have been enlarged on bail by this Court as per the order dated 10.6.2016 passed in Criminal Misc. Application No.10421 of 2016 and Criminal Misc. Application No.13426 of 2016 respectively, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
6. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I-14 of 2016 registered with Jamnagar Panchkoshi 'A' Division Police Station, District:-Jamnagar, on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Jun 19 03:56:31 IST 2016 R/CR.MA/10083/2016 ORDER trial court, and subject to the following 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] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] not enter into Jamnagar City except attending the trial and marking presence before the concerned Police Station on every Monday of each English calendar month between 11:00 a.m. and 2:00 p.m. till the trial is over;
[f] furnish latest and permanent 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 this Court;
7. 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Sun Jun 19 03:56:31 IST 2016 R/CR.MA/10083/2016 ORDER 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.
(P.P.BHATT, J.) Ashish Tripathi Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Jun 19 03:56:31 IST 2016