Gujarat High Court
Yusuf Abdulrehman Bhikha vs State Of Gujarat on 31 July, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/12702/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12702 of 2018
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YUSUF ABDULREHMAN BHIKHA
Versus
STATE OF GUJARAT
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Appearance:
MR HARDIK A DAVE for MR JAPAN V DAVE(5947) for the
PETITIONER(s) No. 1
MR RUTVIJ OZA, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 31/07/2018
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- 03 of 2018 registered with Valsad and Dang ACB Police Station, Valsad for the offences punishable under Sections 8, 10, 12, 13(1)(D), (1),(2),(3) and 13(2) of the Prevention of Corruption Act and Sections 409, 465, 466, 467, 471, 476(A), 120(B) and 34 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 submitted that the applicant is innocent person, however, he has been falsely Page 1 of 5 R/CR.MA/12702/2018 ORDER implicated in the alleged offences. It is submitted that from the FIR, there is no prima facie case made out against the present applicant for committing alleged offence. It submitted that substantial part of the investigation is over and there is no possibility of tampering with the evidence. It is also submitted that the present applicant was working as an Assistant Field Supervisor at the relevant point of time. It is also submitted that the amount of misappropriation in the present case is Rs.8,09,555/- and there are four accused in the present case. It is further submitted that the applicant was arrested on 24.05.2018 and he is suffering from HIV. In support of this, relevant medical papers are also produced at page 58. It is further submitted that applicant is also Government servant having roots in District Valsad and having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned advocate for the applicant upon instructions Page 2 of 5 R/CR.MA/12702/2018 ORDER states that the applicant is ready and willing to deposit 25% of the alleged amount of misappropriation i.e Rs.2,03,000/- within a period of two months from the date of his actual release without prejudice to his rights and contentions, however, the same may not be construed as admission of guilt on the part of the applicant.
4. Learned Additional Public Prosecutor appearing for the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected.
5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. 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-03 of Page 3 of 5 R/CR.MA/12702/2018 ORDER 2018 registered with Valsad and Dang ACB Police Station, Valsad on his 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 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 also to the Court at the time of execution of the bond, and shall not change the residence without prior permission of this Court;
[g] the applicant shall deposit 25% of the alleged amount of misappropriation i.e Rs.2,03,000/- within a period of two months from the date of his actual release without prejudice to his rights and Page 4 of 5 R/CR.MA/12702/2018 ORDER contentions;
[h] after depositing of the said amount, the concerned trial Court shall invest in Fixed Deposit in any Nationalized bank, initially, for a period of one year and thereafter, it may be renewed periodically as may be deemed fit and proper by the concerned trial 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) NEHA Page 5 of 5