Gujarat High Court
Lalitbhai Rameshbhai Rathod vs State Of Gujarat & on 7 July, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/10437/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
10437 of 2017
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LALITBHAI RAMESHBHAI RATHOD....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR. BHAUMIK DHOLARIYA, ADVOCATE for the Applicant(s) No. 1
MR AJ YAGNIK, ADVOCATE for the Respondent(s) No. 2
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 07/07/2017
ORAL ORDER
1. Heard Mr.Baumik Dholariya, learned advocate, for the applicant and Mr. Mitesh Amin, learned Public Prosecutor, for the respondent-State and Mr. Anand Yagnik, learned advocate appearing for the original complainant.
2. By way of the present successive application u/s. 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with an FIR being C.R.No.I-127 of 2016 registered with Una Police Station, Una for the offences punishable under sections 307, 397, 395, 365, 355, 354, 342, 147, 148, 149, 324, 323, 504, 506(2), 120(B), 201, 166A, 167, 466, 177, 204, 294(b), 505(1)
(b), 509, etc. of the Indian Penal Code; Section 135 of the Gujarat Police Act; Sections 3(1)(e),(r),(s),(u), 3(2)(5a), 3(1)
(d), 3(1)(za)(E), 3(1)(w)(i),(ii), 3(2)(vi), 3(2)(vii),4 etc. of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989; Section 66A & 66B of The Information Technology Act.
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3. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned Public Prosecutor as well as learned advocate appearing for the respondent No. 2 - complainant oppose the grant of bail looking to the nature and gravity of offences.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard learned advocates appearing for the parties and perused the papers of investigation and particularly, statement of Vipulbhai Bachubhai Bambhaniya, who was beating the injured person. I have consider the fact that the present applicant is behind the bar since 28.07.2016 and the injured is discharged way back before eight months.
7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.I- 127 of 2016 registered with Una Police Station, Una on executing a 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 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;
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[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] not enter into Taluak Una for a period of three months
except to attend the Court proceedings and shall provide latest address to the concerned police station, where he is going to reside for a period of three months and mark presence at the concerned police station on every Monday for a period of three months and after entering into Taluka Una, mark presence at the concerned police station on any day of first week till the trial is over;
[f] furnish the present address of residence to the I.O. 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;
8. 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. 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.
9. Rule made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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