Gujarat High Court
Hitesh Amrabhai @ Babubhai Dav vs State Of Gujarat on 10 December, 2021
R/CR.MA/17655/2021 ORDER DATED: 10/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17655 of 2021
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HITESH AMRABHAI @ BABUBHAI DAV
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1,2,3
MR HK PATEL APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 10/12/2021
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the C.R.No. 11208045211503 of 2021 registered with Malaviyanagar Police Station, Rajkot City of the offence punishable under Sections 494, 452, 342, 114, 411 of the Indian Penal Code etc. and 135(1) of the Gujarat Police Act.
2. Learned Advocate appearing on behalf of the applicants submits that the applicants are falsely implicated in the alleged offence and have not played any role in commission of the offence. He submits that there is no evidence on record to indicate the involvement of the applicants and they are involved on the basis of suspicion. He submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the respondent-State Page 1 of 4 Downloaded on : Wed Jan 12 08:53:01 IST 2022 R/CR.MA/17655/2021 ORDER DATED: 10/12/2021 has submitted that the applicants have played active role in the alleged offence. He has opposed grant of regular bail looking to the nature and gravity of the offence.
4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
(i) The FIR is registered on 07.05.2021 for the offence which is alleged to have taken place on 05.05.2021.
(ii) The applicants are in jail since 14.06.2021.
(iii) The investigation is concluded and charge-
sheet is filed.
(iv) Co-accused have been released on bail by trial Court vide order dated 22.06.2021 passed in Criminal Misc. Applications No.1156/2021 and 1157/2021.
(v) Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, without discussing the evidence in detail, Page 2 of 4 Downloaded on : Wed Jan 12 08:53:01 IST 2022 R/CR.MA/17655/2021 ORDER DATED: 10/12/2021 prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.
8. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with C.R.No. 11208045211503 of 2021 registered with Malaviyanagar Police Station, Rajkot City on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station on every fifteen days in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his 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 Page 3 of 4 Downloaded on : Wed Jan 12 08:53:01 IST 2022 R/CR.MA/17655/2021 ORDER DATED: 10/12/2021 permission of Trial Court;
(g) shall not enter revenue limits of Rajkot city till the trial is over.
9. The authorities will release the applicants only if they are 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.
10. 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 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.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 4 of 4 Downloaded on : Wed Jan 12 08:53:01 IST 2022