Gujarat High Court
Abhesing @ Abhlo Galabhai ... vs State Of Gujarat on 29 January, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/621/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 621 of 2018
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ABHESING @ ABHLO GALABHAI MOHANIYA(RATHOD)....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
URJA B DAVE, ADVOCATE for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 29/01/2018
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.I-36/2015 registered with Morva (H) Police Station, District Panchmahal, for the offences punishable under Sections 395 and 398 of the Indian Penal Code and Sections 25(1)(A) and 27 of the Arms Act and Section 135 of the Gujarat Police Act.
2. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.
3. Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offence. It is submitted that the applicant is not named in the FIR.
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It is further submitted that there is no recovery or discovery from the applicant and no identification parade is conducted. It is further submitted that the applicant is implicated in the alleged offence only on the basis of statement of co-accused and except that there is no cogent material to connect the applicant with the alleged offence. It is further submitted that the co-accused, upon whose statement the applicant is implicated in the present offence, is acquitted by the competent Court after full-fledge trial. It is also submitted that the applicant is not having any criminal antecedent. Moreover, charge-sheet is filed, and therefore, now there is no possibility of tampering with the evidence. It is further submitted that the applicant is having root in District Dahod and also having responsibility towards his family, therefore, there is no likelihood of his running away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. She has further submitted that from the charge-sheet papers there is a Page 2 of 4 HC-NIC Page 2 of 4 Created On Mon Jan 29 23:30:30 IST 2018 R/CR.MA/621/2018 ORDER prima facie case against the present applicant, and therefore, the present application may be rejected.
5. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature and gravity of accusation made against the applicant in the First Information Report and the charge-sheet papers, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail. 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.I-36/2015 registered with Morva (H) Police Station, District Panchmahal, on his executing 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 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] mark presence before the concerned
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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 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.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J.) BD Songara Page 4 of 4 HC-NIC Page 4 of 4 Created On Mon Jan 29 23:30:30 IST 2018