Akil A-One Mobilevalo Usmanbhai Vohra ... vs State Of Gujarat on 11 February, 2014

[Cites 9, Cited by 1]

Gujarat High Court

Akil A-One Mobilevalo Usmanbhai Vohra ... vs State Of Gujarat on 11 February, 2014

Bench: Anant S. Dave

        R/CR.MA/1829/2014                                         ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1829 of 2014

================================================================
  AKIL A-ONE MOBILEVALO USMANBHAI VOHRA (MALE)....Applicant(s)
                           Versus
               STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR PM THAKKAR, SENIOR COUNSEL for M/S THAKKAR ASSOC.,
ADVOCATE for the Applicant(s) No. 1
MR KP RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================

        CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE

                             Date : 11/02/2014


                               ORAL ORDER

1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.116/2013 with Anand Rural Police Station, Anand for the offences punishable under Sections 302, 307, 143, 147, 148, 325, 323 and 504 of the Indian Penal Code.

2. Learned Counsel appearing for the applicant submits that the chargesheet is filed. The applicant has been arrested on 09.09.2013. It is further submitted that the applicant is as such not attributed with any deadly weapon but is alleged to have inflicted injuries by giving kick Page 1 of 4 R/CR.MA/1829/2014 ORDER and fist blows. It is also submitted that the photographs of the accused were published in the local newspaper, a day prior to the date of the identification parade. In addition, the co- accused having a substantially similar role has been considered for bail by the Co-ordinate Bench of this Court (Coram : C.L. Soni, J.) vide order dated 20.01.2014 passed in Criminal Miscellaneous Application No.20835/2014 and likewise. Considering the above aspect and the role attributed to the applicant, it is submitted that the applicant may be enlarged on bail.

3. Heard learned APP Mr. K.P. Raval for the respondent-State, who would oppose grant of bail on the ground that serious injuries were inflicted and the applicant alongwith the co-accused is alleged to have participated actively in the commission of the crime and was also identified. Considering the above, it is submitted that the applicant may not be enlarged on bail.

4. Having heard learned Counsels for the parties, and considering the fact and circumstances of the case, the role attributed to the applicant and also that the co-accused have been enlarged by the Co-ordinate Bench of this Court, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.

5. Learned Counsels for the parties do not press for further reasoned order.

Page 2 of 4

R/CR.MA/1829/2014 ORDER

6. In the facts and circumstances of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.116/2013 with Anand Rural Police Station, Anand, on executing a 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;

c) surrender his 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 at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;

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 this Court;

7. The authorities will release the applicant only if not required in connection with any other offence for the time being.

8. If breach of any of the above conditions is committed, the Sessions Judge concerned will be Page 3 of 4 R/CR.MA/1829/2014 ORDER free to issue warrant or take appropriate action in the matter.

9. Bail bond to be executed before the lower court having jurisdiction to try the case.

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.For modification and/or deletion of any of the conditions hereinabove, the applicant is at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.

12.Rule is made absolute. Direct Service is permitted.

Sd/-

(ANANT S. DAVE, J.) CAROLINE Page 4 of 4

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