Gujarat High Court
Jigneshbhai Amrutbhai Gohel vs State Of Gujarat on 24 October, 2024
NEUTRAL CITATION
R/CR.MA/19003/2024 ORDER DATED: 24/10/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 19003 of 2024
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JIGNESHBHAI AMRUTBHAI GOHEL
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHANKUMAR P VEGAD(11612) for the Applicant(s) No. 1
MR KRUTIK PARIKH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 24/10/2024
ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent- State.
[2.0] The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short "CrPC") for regular bail in connection with FIR being C.R. No.11210065240524 of 2024 registered with Uttran Police Station, Surat City for the offences punishable under Sections 304, 304(A), 279, 337, 338 and 427 of the Indian Penal Code, 1860 and sections 177 and 184 of the Motor Vehicles Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Initially the complaint was lodged for the offences punishable under Sections 304(A), 279, 337, 338 and 427 of the IPC and sections 177 and 184 of the Motor Vehicles Act and subsequently report for addition of section 304 of the IPC came to Page 1 of 5 Uploaded by MR. AJAY C MENON(HC00939) on Thu Oct 24 2024 Downloaded on : Thu Oct 24 21:52:12 IST 2024 NEUTRAL CITATION R/CR.MA/19003/2024 ORDER DATED: 24/10/2024 undefined be filed at the instance of Investigating Officer. The allegation against the applicant is that while driving the vehicle the applicant got a sudden nap due to which he instead of applying brake pressed the accelerator and lost control over the vehicle and accident occurred. However, investigation is over and charge-sheet is filed and now nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.
[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;
(iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are Page 2 of 5 Uploaded by MR. AJAY C MENON(HC00939) on Thu Oct 24 2024 Downloaded on : Thu Oct 24 21:52:12 IST 2024 NEUTRAL CITATION R/CR.MA/19003/2024 ORDER DATED: 24/10/2024 undefined required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(1) Investigation is over and charge-sheet is filed;
(2) Applicant is behind the bars since 08.06.2024;
(3) Allegation against the applicant is that while driving the vehicle he got a sudden nap due to which he pressed accelerator instead of brake and therefore, accident was caused due to which section 304 of the IPC is invoked.
Considering the said averments itself, present application deserves consideration;
(4) There is nothing to be recovered or discovered from the applicant;
(5) The applicant is not having any past antecedent;
(6) Obviously conclusion of trial will take some time.
[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-
Page 3 of 5 Uploaded by MR. AJAY C MENON(HC00939) on Thu Oct 24 2024 Downloaded on : Thu Oct 24 21:52:12 IST 2024NEUTRAL CITATION R/CR.MA/19003/2024 ORDER DATED: 24/10/2024 undefined trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.
[8.0] 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11210065240524 of 2024 registered with Uttran Police Station, Surat City on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. Page 4 of 5 Uploaded by MR. AJAY C MENON(HC00939) on Thu Oct 24 2024 Downloaded on : Thu Oct 24 21:52:12 IST 2024 NEUTRAL CITATION R/CR.MA/19003/2024 ORDER DATED: 24/10/2024 undefined and 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court;
[9.0] 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.
[10.0]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.
[11.0]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.
[12.0]Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR, J.) Ajay Page 5 of 5 Uploaded by MR. AJAY C MENON(HC00939) on Thu Oct 24 2024 Downloaded on : Thu Oct 24 21:52:12 IST 2024