Ravisinh @ Lalo S/O. Budhaji Gandaji ... vs State Of Gujarat on 3 February, 2021

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Gujarat High Court

Ravisinh @ Lalo S/O. Budhaji Gandaji ... vs State Of Gujarat on 3 February, 2021

Bench: A.Y. Kogje

       R/CR.MA/19159/2020                                             ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 19159 of 2020
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        RAVISINH @ LALO S/O. BUDHAJI GANDAJI CHAUHAN
                             Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR HARSHAD K PATEL(2844) for the Applicant(s) No. 1,2
MR H K PATEL, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
                   Date : 03/02/2021
                   ORAL ORDER

1. This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as CRI/11216005200635 /2020 with Dahegam Police Station, Gandhinagar for the offence punishable under Sections 307, 504 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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

3. On the other hand, the learned Additional Public Prosecutor appearing for 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 a further Page 1 of 4 Downloaded on : Thu Feb 04 03:58:47 IST 2021 R/CR.MA/19159/2020 ORDER 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 17.11.2020 for the offence which took place on 16.11.2020.

II) The applicant is in custody since 19.11.2020.

III) Investigation is concluded and charge sheet is filed.

IV) Submissions of learned advocate for the applicant that the incident took place on account of teasing of the witness Durgaben, who has also filed separate FIR under Section 354(D) of the IPC, and thereafter, Section 376(2)(N)(3) of the IPC and Sections 4, 6, 8 and 12 of POCSO were added.

V) Submissions learned advocate for the applicant that no antecedents are reported and the applicants carried out the assault with pipe and stick.

VI) Learned advocate for the applicant, under the instructions, states that there are no antecedents of the present applicant.

VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

6. This Court has 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.

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R/CR.MA/19159/2020 ORDER

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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 applicants on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with CRI/11216005200635 /2020 with Dahegam Police Station, Gandhinagar 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 they shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

(e) mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11.00 a.m. and 2.00 p.m.;

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R/CR.MA/19159/2020 ORDER

(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 this Court;

(g) not to enter Tal:Dahegam for the period of one year except for marking presence before the concerned police station and attending the trial proceedings.

9. The authorities will release the applicants only if they are 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.

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 applicants on bail

12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J) GIRISH Page 4 of 4 Downloaded on : Thu Feb 04 03:58:47 IST 2021

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