Gujarat High Court
Jay Rahulbhai Ramteke vs State Of Gujarat on 5 December, 2023
NEUTRAL CITATION
R/CR.MA/21376/2023 ORDER DATED: 05/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 21376 of 2023
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JAY RAHULBHAI RAMTEKE
Versus
STATE OF GUJARAT
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Appearance:
MS TASNIM A ZABUAWALA(10756) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 05/12/2023
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.No. 11210064231338 of 2023 registered with Godadara Police Station, District Surat City for the offence punishable under Sections 307, 120B, 34 and 114 of the Indian Penal Code read with Section 135(1) of the Gujarat Police Act.
2. Learned advocate Ms. Tasnim Zabuawala 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. Learned advocate submits that the so-called incident occurred on 08.07.2023, FIR is registered on 09.07.2023, present applicant accused is arrested on 10.07.2023 and since then he is in judicial custody; investigation is already completed and after submission of the charge-sheet, present application is preferred; the injured is Page 1 of 4 Downloaded on : Wed Dec 06 20:42:42 IST 2023 NEUTRAL CITATION R/CR.MA/21376/2023 ORDER DATED: 05/12/2023 undefined already discharged from the hospital. It is also submitted that identically situated person has already been enlarged on bail by this Court. Considering the aforesaid factual aspects, applicant may be enlarged on bail.
3. Learned APP appearing on behalf of the respondent-State has objected present bail application with vehemence and submitted that role of the present applicant accused is clearly spelt out from the papers of the chargesheet. CCTV recording is also recovered during the course of investigation, which clearly goes to show that applicant has actively participated in commission of crime. Thus, considering the same, bail application of the applicant may not be entertained.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties. I have also perused the police papers as well as other documents produced by the applicant along with the memo of the application. It is found out from the record that the investigation is over and present application is preferred after the submission of the charge-sheet. The applicant accused is in judicial custody since 10.07.2023. The injured victim is already discharged from the hospital. Identically situated person has already been enlarged on bail by this Court. Thus, considering the above said factual aspects, I am of the opinion that present bail application deserves consideration.
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6. 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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the 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.
8. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with C.R.No.11210064231338 of 2023 registered with Godadara Police Station, District Surat City, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 injuries 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 alternate Monday of every English calendar month for a Page 3 of 4 Downloaded on : Wed Dec 06 20:42:42 IST 2023 NEUTRAL CITATION R/CR.MA/21376/2023 ORDER DATED: 05/12/2023 undefined period of six months between 11:00 a.m. to 2:00 p.m.; [f] furnish the present 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;
9. 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 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.
10. 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.
11. The present application stands allowed accordingly. Direct service is permitted.
(DIVYESH A. JOSHI,J) SALIM/ Page 4 of 4 Downloaded on : Wed Dec 06 20:42:42 IST 2023