Gujarat High Court
Aasif @ Party Aiyubbhai Vora vs State Of Gujarat on 10 September, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/16582/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 16582 of 2015
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AASIF @ PARTY AIYUBBHAI VORA....Applicant
Versus
STATE OF GUJARAT....Respondent
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Appearance:
MR SS SAIYED, ADVOCATE for the Applicant.
MR JK SHAH, LD.ADDL.PUBLIC PROSECUTOR for the Respondent.
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 10/09/2015
ORAL ORDER
1. Rule. Mr.J.K.Shah, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent- State of Gujarat.
2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I- 53 of 2015 registered with Viramgam (Rural) Police Station, Ahmedabad, for the offences punishable under Sections 395, 392, 345, 186, 279, 427, 465, 468, 471 of the Indian Penal Code; Sections 177, 184 of the M.V. Act; Sections 5, 6, 6(A) and 8 of the Gujarat Animal Preservation Act and 11(D) of the Cruelty to Animal Act, etc..
3. Mr.Saiyed, learned advocate appearing on behalf of the applicant submits that considering the nature of offence, Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Sep 11 02:41:30 IST 2015 R/CR.MA/16582/2015 ORDER the applicant may be enlarged on regular bail by imposing suitable conditions. He further submits that co-accused has been enlarged on regular bail by this Court vide order dated 19/08/2015 in Criminal Misc. Application No.15488 of 2015 as well as vide order dated 25/08/2015 in Criminal Misc. Application No.15852 of 2015.
4. 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.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers of investigation and considered the allegations levelled against the applicant and the role played by the applicant. I have also considered the fact that co-accused has been enlarged on regular bail by this Court vide order dated 19/08/2015 in Criminal Misc. Application No.15488 of 2015 as well as vide order dated 25/08/2015 in Criminal Misc. Application No.15852 of 2015.
7. In the facts and circumstances of the case and considering the nature of 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 and the applicant is ordered to be released on regular bail in Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Sep 11 02:41:30 IST 2015 R/CR.MA/16582/2015 ORDER connection with an offence being C.R.No.I- 53 of 2015 registered with Viramgam (Rural) Police Station, on executing a personal bond of Rs.25,000/- (Rupees Twenty Five thousands only) with one surety of the like amount to the satisfaction of the learned 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;
[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 alternate Monday for a period of three months and, thereafter on any day of first week of each English calendar month for a period of six months, between 10:00 a.m. and 2:00 p.m.;
[f] furnish latest 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;
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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Sep 11 02:41:30 IST 2015 R/CR.MA/16582/2015 ORDER 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.] *dipti Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Sep 11 02:41:30 IST 2015