Gujarat High Court
Omprakash Somotiyalal Verma vs State Of Gujarat on 17 November, 2017
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/26716/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 26716 of 2017
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OMPRAKASH SOMOTIYALAL VERMA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR HARDIK A DAVE, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 17/11/2017
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-14 of 2017 registered with Salabatpura Police Station, District Surat for the offences punishable under Sections 406, 419, 420, 467, 468, 471, 120(B) and 114 of Indian Penal Code.
2. Heard learned advocate for the applicant and learned APP for the respondent - State.
3. Learned advocate for the applicant submitted that the applicant is an innocent person and he is not having any criminal antecedent, however, he has been falsely implicated in the alleged offences. Moreover, the investigation is over and chargesheet is filed. Therefore, there is no possibility of tampering with the evidence. It is submitted the co-accused has been released on anticipatory bail. It is also submitted that the co-accused - Jignesh Janakbhai Patel has preferred Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Nov 18 00:26:45 IST 2017 R/CR.MA/26716/2017 ORDER application for quashing being Criminal Misc. Application No.9134 of 2017 and the Coordinate Bench of Court has granted interim relief. It is also submitted that accused with similar nature of offence has been granted regular bail by the Coordinate Bench of this Court vide order dated 04.08.2017 passed in Criminal Misc. Application No.17980 of 2017. There is delay in filing the FIR and the complainant has not given satisfactory reasons for the delay caused in filing the FIR. Therefore, considering the nature of allegations, looking to the nature and gravity of the offence and the 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 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 and in the facts and circumstances of the case and considering the nature of allegations made against the applicant in the First Information Report and other chargesheet papers and release of the co-accused on anticipatory bail, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail as now there is no possibility of tampering with the evidence as chargesheet is filed. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the aforesaid FIR on his executing a personal bond of Rs.10,000/- (Rupees Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Nov 18 00:26:45 IST 2017 R/CR.MA/26716/2017 ORDER 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;
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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Nov 18 00:26:45 IST 2017 R/CR.MA/26716/2017 ORDER 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.) YNVYAS Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Nov 18 00:26:45 IST 2017