Gujarat High Court
Raviprakash Tejbahadur Singh vs State Of Gujarat & on 8 January, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/23860/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 23860 of 2015
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RAVIPRAKASH TEJBAHADUR SINGH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR ADIL R MIRZA, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 08/01/2016
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 an FIR being C.R.No.I-154 of 2015 registered with Vapi Town Police Station, District: Valsad for the offences under Sections 465, 468, 471, 406, 420, 114 etc. of the Indian Penal Code.
[2] Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
[4] I have heard learned advocates appearing on behalf of the Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Jan 09 02:41:21 IST 2016 R/CR.MA/23860/2015 ORDER respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
[5] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR and considering the fact that the offence is triable by the Magistrate and considering the decision of the Hon'ble Supreme Court in the case of Sanjay Chandra Vs. Central Bureau Investigation, reported in (2012) 1 SCC 40, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I-154 of 2015 registered with Vapi Town Police Station, District: Valsad on executing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the 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 any day of the first week of each English calendar month for a period of one year, 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;
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R/CR.MA/23860/2015 ORDER
[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 this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) vijay Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Jan 09 02:41:21 IST 2016