Gujarat High Court
Ratansinh Ramsinh Rathod vs The State Of Gujarat on 8 August, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/13787/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13787 of 2018
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RATANSINH RAMSINH RATHOD
Versus
THE STATE OF GUJARAT
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Appearance:
MR BC DAVE(245) for the PETITIONER(s) No. 1
MR H K PATEL, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 08/08/2018
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.I122/2017 registered with Kadodara GIDC Police Station, Surat for the offences punishable under Sections 395, 397 and 120(B) of the Indian Penal Code.
2. Heard learned counsel for the applicant as well as learned Additional Public Prosecutor for the respondentState.
3. Learned advocate for the applicant submitted that the applicant is an innocent person, however, he Page 1 of 6 R/CR.MA/13787/2018 ORDER has been falsely implicated in the alleged offences. It is further submitted that investigation is over and chargesheet is filed. Therefore, there is no possibility to temper with the evidence. It is also submitted that coaccused namely Amarsinh Indrasinh Suaavat and Vikramsinh @ Shaktisinh Hanumansinh Suawat have been enlarged on bail vide order dated 04.05.2018 in Criminal Misc. Application No. 7903 of 2018 and Criminal Misc. Application No. 4974 of 2018 respectively. The copy of the orders are annexed herewith at AnnexureC collectively. It is also submitted that other two coaccused namely Vishalsinh Bhairavsinh Kharvad and Jagdish @ Kadu Shankarnath Yogi have been enlarged on bail by the Sessions court vide order dated 14.05.2018 in Criminal Misc. Application No. 221 of 2018 and 23.05.2018 in Criminal Misc. Application No. 233 of 2018. The copy of this orders are annexed herewith. It is also submitted that the entire muddamal has been recovered from another accused. There are no criminal antecedent of the present applicant. It is further submitted that from the other chargesheet papers as well as the FIR, there is no prima facie case against Page 2 of 6 R/CR.MA/13787/2018 ORDER the present applicant for committing alleged offence. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Udepur, State Rajasthan and having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing for the respondentState has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that from the FIR as well as chargesheet papers, there is a prima facie case against the present applicant. Therefore, the present application may be rejected. Page 3 of 6
R/CR.MA/13787/2018 ORDER
5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other chargesheet papers, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail as the chargesheet is filed, therefore, now there is no possibility of tampering with the evidence. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.I122/2017 registered with Kadodara GIDC Police Station, Surat 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 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 Page 4 of 6 R/CR.MA/13787/2018 ORDER interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not enter into the State of Gujarat except for the purpose of marking of presence and attending the trial.
[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[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;
6. 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. 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 Page 5 of 6 R/CR.MA/13787/2018 ORDER 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) N.V.MEWADA Page 6 of 6