Samirbhai Ramdebhai Odedara Mer vs State Of Gujarat on 30 June, 2020

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Gujarat High Court

Samirbhai Ramdebhai Odedara Mer vs State Of Gujarat on 30 June, 2020

Bench: A.Y. Kogje

        R/CR.MA/1754/2020                                          ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 1754 of 2020
================================================================
                 SAMIRBHAI RAMDEBHAI ODEDARA MER
                              Versus
                        STATE OF GUJARAT
================================================================
=
Appearance:
MR RUTURAJ NANAVATI(5624) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 1
MR. HARDIK SONI, APP for the Respondent
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                               Date : 30/06/2020
                                ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being ICR No.78 of 2019 registered with Visavadar Police Station, Junagadh for offence under Sections 307, 143, 147, 148, 149, 504, 506(2) and 427 of the Indian Penal Code, under Section 25(1)(b)(a) of the Arms Act and under Section 135 of Gujarat Police Act.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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          R/CR.MA/1754/2020                                             ORDER



3.            Learned         APP    appearing          on    behalf         of      the

respondentState             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 10.08.2019 for the offence which is alleged to have taken place on 09.08.2019.

II. The applicant is in jail since 23.09.2019. III. Submission on the part of the Advocate for the applicant that even if the allegations are believed, the injury sustained is not of very serious nature and the injured was discharged on the same day.

IV. Submission of learned advocate for the applicant that subsequent to the arrest of the applicant, the accused was shown as an absconding in Column2 at Sr.Nos.4 and 5 of the chargesheet have also been granted anticipatory bail.

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 Page 2 of 5 Downloaded on : Tue Jun 30 22:52:55 IST 2020 R/CR.MA/1754/2020 ORDER 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 applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being ICR No.78 of 2019 registered with Visavadar Police Station, Junagadh, on executing a personal bond of Rs.10,000/ (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he 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;

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           R/CR.MA/1754/2020                                                 ORDER




                (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 once 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 permission of Trial Court;

(g) not to enter Taluka Visavadar for a period of three months except marking presence and attending the trial.

9. 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.

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R/CR.MA/1754/2020 ORDER

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.

(A.Y. KOGJE, J) CAROLINE/Siddharth Page 5 of 5 Downloaded on : Tue Jun 30 22:52:55 IST 2020

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