Gujarat High Court
Shravansing Shivsing Rajput vs State Of Gujarat & on 22 December, 2017
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/29812/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 29812 of 2017
==========================================================
SHRAVANSING SHIVSING RAJPUT....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
MR ADIL R MIRZA, ADVOCATE for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
==========================================================
CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 22/12/2017
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-150/2017 registered with Vapi GIDC Police Station, District Valsad, for the offences punishable under Sections 380 and 114 of the Indian Penal Code.
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 offences. It is Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Dec 22 23:55:27 IST 2017 R/CR.MA/29812/2017 ORDER submitted that the applicant is not named in the FIR and there is no material whatsoever prima facie suggesting that the present applicant has committed the alleged offence. It is further submitted that only Rs.15,600/- is recovered from the applicant. Moreover, the applicant is not having any criminal antecedents. It is further submitted that the applicant is having root in Valsad District and having responsibility towards his family, therefore, there is no likelihood to his run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. 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, 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 offences. He has further submitted that there is a 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 other Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Dec 22 23:55:27 IST 2017 R/CR.MA/29812/2017 ORDER papers of investigation as also considering that the applicant is not having criminal antecedents, 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- 150/2017 registered with Vapi GIDC Police Station, District Valsad, on 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 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Dec 22 23:55:27 IST 2017 R/CR.MA/29812/2017 ORDER 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 Fri Dec 22 23:55:27 IST 2017