Gujarat High Court
Khalid @ Padyo Farooq Kurkur vs State Of Gujarat on 28 April, 2025
NEUTRAL CITATION
R/CR.MA/7438/2025 ORDER DATED: 28/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7438 of 2025
==========================================================
KHALID @ PADYO FAROOQ KURKUR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 28/04/2025
ORAL ORDER
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11207002240620 of 2024 registered with Godhara B Division Police Station, Panchmahals.
3. 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.
4. Learned APP has opposed the present application, inter alia, contending that the present applicant had actively participated in commission of the offence, as he had provided the Page 1 of 4 Uploaded by GIRISH K PARMAR(HC00954) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:32:57 IST 2025 NEUTRAL CITATION R/CR.MA/7438/2025 ORDER DATED: 28/04/2025 undefined information of the whereabouts of the deceased to the other co- accused. The present applicant was constantly in touch with the other co-accused when the incident had taken place and there were several telephone calls between the present applicant and other co-accused between 1.38 a.m. and 2.59 a.m. in the mid- night. He, therefore, submitted to dismiss the present application.
5. Learned advocate for the original complainant has opposed the present application, inter alia, contending that the present applicant was very much present at the scene of offence and had provided the information as regard the whereabouts of the deceased to the other co-accused. He, therefore, submitted to dismiss the present application.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. The only role attributed to the present applicant in commission of the offence is to the effect that he had done the racy of the deceased and had provided the information as regards his whereabouts to the other co-accused. Except this, no other overt act has been attributed to the present applicant.
7. 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.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the Page 2 of 4 Uploaded by GIRISH K PARMAR(HC00954) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:32:57 IST 2025 NEUTRAL CITATION R/CR.MA/7438/2025 ORDER DATED: 28/04/2025 undefined 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.
9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, 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;
(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 enter the area of Godhara Town for the period of six months except for the purpose of marking presence before the concerned Police Station and attending the trial proceedings.
Page 3 of 4 Uploaded by GIRISH K PARMAR(HC00954) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:32:57 IST 2025NEUTRAL CITATION R/CR.MA/7438/2025 ORDER DATED: 28/04/2025 undefined
10. 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.
11. 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.
12. 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.
13. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J) GIRISH Page 4 of 4 Uploaded by GIRISH K PARMAR(HC00954) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:32:57 IST 2025