Gujarat High Court
Manish @ Raju Devshibhai Chovatiya vs State Of Gujarat on 4 July, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/11450/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11450 of 2018
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MANISH @ RAJU DEVSHIBHAI CHOVATIYA
Versus
STATE OF GUJARAT
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Appearance:
MR HARDIK A DAVE(3764) for the PETITIONER(s) No. 1
MR HK PATEL, APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 04/07/2018
ORAL ORDER
1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-156 of 2016 with Sarthana Police Station, District: Surat for the offence punishable under Sections 379, 465, 467, 468 and 471 of the Indian Penal Code, 1860 (for short, 'the IPC').
2. Heard, Mr. Dave, the learned advocate for the applicant and Mr. Patel, the learned Additional Public Prosecutor for the respondent
- State.
2.1 The learned advocate for the applicant submits that the applicant is an innocent person, however, he has been falsely implicated in the offence. He submitted that initially the offence under Section 379 of Page 1 of 4 R/CR.MA/11450/2018 ORDER IPC was registered, however, afterwards, offence under other sections 465, 467, 468 and 471 of the IPC came to be added. He, by supplying the copy of another FIR being C.R. No. I-16 of 2017, registered with the DCB Police Station, against the present applicant for similar offence, submitted that in that case also charge-sheet is filed and this Court considered the case of the applicant for bail. Besides, the present applicant has not committed any theft. It is submitted that in previous offence viz. C.R. No. I-31 of 2017, the applicant was arrested on transfer warrant. It is submitted that now, investigation is over and the charge-sheet is filed and hence, there is no possibility of tampering with the evidence.
2.2 It is further submitted that the applicant has roots in society and and is also having responsibility towards his family and he is not likely to run away and his presence can be secured during trial by imposing the the suitable conditions.
3. The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offences. It is submitted that from the charge-sheet, there appears prima facie case against the applicant in committing the alleged offence. He submitted that three different offences have been registered against the present applicant and thereby, he is having criminal antecedents and number of vehicles have been stolen by the present applicant. Besides, four other co-accused are yet to be arrested and further investigation is going on. Accordingly, it is requested that the applicant may not be enlarged on bail.
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4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other papers placed on record, 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 charge-sheet is filed. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the application is allowed and the applicant is ordered to be released on regular bail in connection with the above-referred FIR on executing a personal 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 and shall cooperate in trial;
[c] surrender passport, if any, to the lower Court within a week;
[d] not leave State of Gujarat without prior permission of the Sessions Judge concerned;
[e] not leave Surat till the charge is framed;
[f] 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.;
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[g] 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 and shall also remain present as and when required by the 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 is 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.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[ P. P. Bhatt, J. ] hiren Page 4 of 4