Jagdishbhai Kodarbhai Chaudhary vs State Of Gujarat on 26 August, 2020

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Gujarat High Court

Jagdishbhai Kodarbhai Chaudhary vs State Of Gujarat on 26 August, 2020

Bench: A. P. Thaker

        R/CR.MA/10453/2020                                         ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC. APPLICATION NO. 10453 of 2020

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                  JAGDISHBHAI KODARBHAI CHAUDHARY
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR JIGAR G GADHAVI(5613) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                              Date : 26/08/2020

                                   ORAL ORDER

[1] Heard learned advocates appearing on both sides through video conferencing.

[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being Beat Badoli Round Offence No.03/2020/21 and Idar-Range C.R.No.5/2020/21 registered with Vistaran Range, Idar (Samajik Vanikaran Department Sabarkanth- North-Himmatnagar) for the offences under Sections 2, 9, 39, 50 and 51 of the Wild Life (Protection) Act, 1972.

[3] Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

[5] I have heard learned advocates appearing on behalf of the Page 1 of 3 Downloaded on : Thu Aug 27 05:05:50 IST 2020 R/CR.MA/10453/2020 ORDER respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. This Court has considered following aspects:-

(i) Almost all other accused are released on bail.

(ii) This Court has also considered the law laid down by Apex Court in the case of Sanjay Chandra Vs. Central Bureau Investigation, reported in (2012) 1 SCC 40.

(iii) This Court has also taken into consideration the assurance given on behalf of the applicants that they will abide by all conditions that may be imposed by this Court.

[6] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being Beat Badoli Round Offence No.03/2020/21 and Idar-Range C.R.No.5/2020/21 registered with Vistaran Range, Idar (Samajik Vanikaran Department Sabarkanth- North-Himmatnagar) 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 learned Trial Court and subject to the 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] not enter in local limits of Lalpur (B), Beat-Badoli, Round-

Page 2 of 3 Downloaded on : Thu Aug 27 05:05:50 IST 2020

R/CR.MA/10453/2020 ORDER Idar, Range-Vistaran Zone, Idar for a period of ONE YEAR or till the disposal of the matter, whichever is earlier;

[f] 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.;

[g] 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;

[7] 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.

[8] Rule is made absolute to the aforesaid extent. Registry is directed to serve this order to the concerned authority through e- mail/fax or any other electronic mode.

(A. P. THAKER, J) RS MALEK/ RAVI P. PATEL Page 3 of 3 Downloaded on : Thu Aug 27 05:05:50 IST 2020

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