Rajesh Alias Raju Nagjibhai Khatik vs State Of Gujarat ....Opponent on 16 April, 2015

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Gujarat High Court

Rajesh Alias Raju Nagjibhai Khatik vs State Of Gujarat ....Opponent on 16 April, 2015

Bench: Paresh Upadhyay

         R/CR.MA/5838/2015                                 ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL)
                               NO. 5838 of 2015


===========================================================
     RAJESH ALIAS RAJU NAGJIBHAI KHATIK   ....Applicant
          Versus
     STATE OF GUJARAT                     ....Opponent
================================================================
Appearance:
MR. S.V. RAJU, SENIOR ADVOCATE WITH
MR. BHADRISH S RAJU, ADVOCATE for the Applicant

MR. L. B. DABHI APP for the Respondent State

MR. N.D. NANAVATI, SENIOR ADVOCATE WITH
MR. PARTHIV B SHAH, ADVOCATE for the Complainant
================================================================

         CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY

                               Date : 16/04/2015


                                 ORAL ORDER

1. This is an application for regular bail.

2. Rule. Learned Additional Public Prosecutor waives rule for the State.

3. The applicant accused is in judicial custody in connection with the offence being C.R.- I No.10 of 2015 registered with Karelibaug Police Station, Vadodara for the offences punishable under Sections 307, 452, 324, 120(B) and 75 of the Indian Penal Code, Section 135 of Gujarat Police Act and Sections 25(1)A and 27(2) of the Arms Act.

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R/CR.MA/5838/2015 ORDER

4. Learned advocate for the applicant has taken this Court through the material on record and has submitted that the applicant be enlarged on regular bail by imposing suitable conditions.

5. Learned Additional Public Prosecutor for the State has opposed grant of regular bail.

6. Considering the totality this Court finds that, this application needs to be allowed by exercising powers under Section 439 of the Code of Criminal Procedure, 1973 to direct that the applicant accused be released on bail, on certain conditions noted below. Learned advocates for the respective parties request not to record reasons for this, so that it may not prejudice the prosecution at the time of trail. However it is noted that, what has weighed with this Court at this stage is the photographs on record (from page 50 onwards) which indicate that the applicant is seriously incapacitated since his knee-caps are indicated to have been removed, allegedly by the complainant, the aspect which is not gone into by this Court, at this stage. Suffice it to further note that, the factual aspect of the applicant being incapacitated as noted above, is confirmed by learned Additional Public Prosecutor.

7. In view of above, the following order is passed.

7.1 This application is allowed.

7.2 The applicant accused is ordered to be released on regular bail in connection with the offence being C.R. I-No.10 of 2015 registered with Karelibaug Police Station, Vadodara on executing personal bond of Rs.10,000/- (Rupees Ten Thousand Page 2 of 4 R/CR.MA/5838/2015 ORDER only) with one surety of the like amount to the satisfaction of the concerned Court and subject to the further conditions that the accused :-

[a] shall not misuse this liberty or take undue advantage of it in any manner, and [b] shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or temper with the evidence, and shall not commit an offence similar to the offence of which he is accused, and [c] shall make himself available at the time of trial.

7.3 The jail authorities shall release the applicant only if he is not required in connection with any other offence for the time being.

7.4 If breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in accordance with law.

7.5 Bail bond be executed before the lower Court having jurisdiction to try the case.

7.6 The trial Court shall not be influenced at the trial, by the observations made by this Court while recording this order.

7.7 Rule is made absolute. Direct service is permitted.

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          R/CR.MA/5838/2015                          ORDER



                                           (PARESH UPADHYAY, J.)
Amit/3




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