Gujarat High Court
Suraj Pritampuri Goswami vs State Of Gujarat on 29 February, 2024
NEUTRAL CITATION
R/CR.MA/15489/2021 ORDER DATED: 29/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 15489 of 2021
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SURAJ PRITAMPURI GOSWAMI
Versus
STATE OF GUJARAT
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Appearance:
MR. I.H.SYED, SENIOR ADVOCATE with ADVOCATE MR. JAYDEEP H
SINDHI(9585) for the Applicant(s) No. 1
MR. J.K.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 29/02/2024
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of 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. No.11191011200007 of 2020 registered with D.C.B. Police Station, District Ahmedabad.
3. Learned senior counsel Mr. I. H. Saiyed with learned advocate Mr. Jaydeep Sindhi appearing for the Page 1 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined applicant submits that except the present offence, no other offences are registered against the present applicant after commencement of GUJCTOC, 2015. This Court has considered the case of other co- accused who has similarly situated the present applicant for grant of regular bail and therefore, the applicant is also entitled to enlarge on bail on the ground of parity. He therefore submits that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State vehemently submits that the present F.I.R. has been lodged in the year 2020 wherein the provisions of GUJCTOC Act are invoked. The present applicant is involved in the activity of extortion and was a part of the extortion racket run by the co-accused from the Sabarmati Central Jail. Prior to the commencement of the Act, there were 12 offences registered against Page 2 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined the present applicant. The applicant is nephew of the main accused and leader of the gang. The telephonic talks between the main accused who was lodged in the Sabarmati Central Jail and the present applicant, which have been intercepted by the Investigating Agency, indicates that the present applicant was a part of the syndicate which was run by the co- accused and was involved in the activities of extortion. The Investigating Agency has recorded statements of two witnesses under Section 164 Cr.P.C. Six witnesses in their statements have narrated activities of extortion carried out by the present applicant. Six mobile phones have been seized from the possession of the present applicant which were being used by him for the activities of extortion. The applicant was also subjected to Voice Spectrographic Test and it was found that the voice of the present applicant had matched with the voice which was found in telephonic conversations intercepted by the police authorities. The trial of the Page 3 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined offence has already been commenced and as many as 10 witnesses have already been examined. He also submits that the order passed by this Court in bail application filed by the co-accused dated 07.11.2023 is subjected to challenge before the Hon'ble Supreme Court. He therefore submits that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.
5. Heard learned advocates appearing for the parties and perused the papers of investigation. From the record it appears that the investigation is over and Charge-sheet has already been filed.
6. It appears from the papers that the present applicant is arrested in the present offence on 29.01.2020 and since then, he is in custody in connection with the present offence. It is contended by learned Additional Page 4 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined Public Prosecutor that the trial of the offence has already commenced and as many as 10 witnesses have already been examined by prosecution. The prosecution has cited 97 witnesses in the Charge- sheet and out of which only 10 witnesses have been examined as of now. Thus, the trial of the offence is not likely to conclude in near future. As per the case of the prosecution, in the month of November, 2019, the police authorities have received information that the extortion racket was being run by the co-accused who at the relevant time was lodged in the Sabarmati Central Jail. On the basis of said information, some inquiry was carried out by the police authorities and thereafter, the present F.I.R. came to be lodged on 14.01.2020.
7. It is pertinent to note that though the police authority had received information about the extortion racket in question, no F.I.R. in that regard was registered till 14.01.2020. The F.I.R. came to be lodged after the Page 5 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined provision of GUJCTOC Act had commenced.
8. As per the case of the prosecution, what is alleged against the applicant is that he happens to be the nephew of the main accused namely, Vishal Goswami and leader of the gang. The present applicant as alleged was in constant touch with said Vishal Goswami through mobile phone. The said Vishal Goswami was lodged in the Sabarmati Central Jail at the relevant time in connection with some other offence and he was operating the extortion racket from Sabarmati Central Jail. From the record it appears that the police authorities had intercepted mobile phone calls made between the present applicant and said Vishal Goswami. From the same, it appears that Vishal Goswami was instructing the present applicant to collect sum of Rs.50,000/- from somebody. The police authority had received one application from one business man of the city wherein he had stated that on previous day of the Page 6 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined application when he was returning home, he was intercepted by several people and was asked to pay some money if he wanted to remain safe. There is nothing on record to indicate that the present applicant was amongst those persons who had intercepted the said business man. From the material available on record, the only fact which emerges against present applicant is to the effect that he was in contact with the main accused through mobile phone. There is nothing on record to indicate about the present applicant having asked anybody personally or telephonically to pay any money towards extortion. In view of the aforesaid facts of the case, the present application deserves to be allowed.
9. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court Page 7 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;
(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) shall maintain law and order and not to indulge in any criminal activities.
(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the Page 8 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined bond and shall not change residence without prior permission of the trial Court.
(d) shall provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) shall not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect.
10. The authorities concerned shall 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 Page 9 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024 NEUTRAL CITATION R/CR.MA/15489/2021 ORDER DATED: 29/02/2024 undefined 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 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.
11. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
12. Rule made absolute to the aforesaid extent. Direct service is permitted.
(M. R. MENGDEY,J) Nabila / J.N.W Page 10 of 10 Downloaded on : Fri Mar 01 21:56:28 IST 2024