Gujarat High Court
Dipabhai Majubhai Bhuriya vs State Of Gujarat on 18 July, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/11896/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11896 of 2018
==========================================================
DIPABHAI MAJUBHAI BHURIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
URJA B DAVE(7461) for the PETITIONER(s) No. 1
MR H K PATEL, APP for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 18/07/2018
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 an FIR being C.R.No.I-42/2016 registered with Dhanpur Police Station, District: Dahod for the offences punishable under Sections 395, 396, 397 of the Indian Penal Code and Section 25(1)(B)(A) and 27 of the Arms Act.
2. Learned advocate for the applicant submits that the present applicant is innocent person, however, he has been falsely implicated in the alleged offence. It is submitted that the applicant has not played any role in causing injury to the victim, who succumbed to death. It is further submitted that no identification parade is conducted and the applicant is arrested only on the basis of statement of co- accused. It is further submitted that there is no recovery/discovery at the behest of the applicant. It is further submitted that the similarly situated co-accused namely Bhavsingbhai Paraiyabhai Bhuriya Page 1 of 4 R/CR.MA/11896/2018 ORDER has been released on regular bail by this Court vide order dated 13.01.2017 passed in Criminal Misc. Application No.34111 of 2016, and therefore, on the ground of parity, the present applicant may be enlarged on bail on the ground of parity. Moreover, investigation is over and charge sheet is filed, and therefore, now there is no possibility of tampering with the evidence, and the applicant is ready and willing to abide by the conditions that may be imposed while releasing the applicant on regular bail. It is therefore submitted that considering the nature of allegations, and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of 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 looking to the charge-sheet there is a prima facie case against the applicant, and therefore, the present application may be rejected.
4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
5. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature and gravity of accusation made against the applicant in the FIR and other charge sheet papers, Page 2 of 4 R/CR.MA/11896/2018 ORDER and considering the fact that similarly situated co- accused namely Bhavsingbhai Paraiyabhai Bhuriya has been released on regular bail by this Court vide order dated 13.01.2017 passed in Criminal Misc. Application No.34111 of 2016 as also considering the fact that the investigation is over and charge-sheet is submitted, this Court is of the view that discretion is required to be exercised to 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 the offence being C.R.No.I-42/2016 registered with Dhanpur Police Station, District: Dahod 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; and shall not enter Dhanpur Taluka of Dahod District for a period of three months except for the purpose of marking presence and attending the court proceedings;
[e] mark presence before the concerned
Page 3 of 4
R/CR.MA/11896/2018 ORDER
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;
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) BDSONGARA Page 4 of 4