Rangaji Pratapji Thakor vs State Of Gujarat on 25 February, 2022

[Cites 2, Cited by 1]

Gujarat High Court

Rangaji Pratapji Thakor vs State Of Gujarat on 25 February, 2022

Bench: Samir J. Dave

     R/CR.MA/23225/2021                          ORDER DATED: 25/02/2022




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION NO. 23225 of 2021
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             RANGAJI PRATAPJI THAKOR
                       Versus
                 STATE OF GUJARAT
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Appearance:
MR M.NISAR VAIDHYA(3386) for the Applicant(s) No. 1
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                            Date : 25/02/2022
                             ORAL ORDER

1. The present successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the I-C.R.No.11209056210972 of 2021 registered with the Himmatnagar 'B' Division Police Station, Sabarkantha for the offence punishable under Sections 3(1)

(ii), 3(2), 3(4) of the Gujarat Control of Terrorism and Organized Crime Act.

2. The learned advocate appearing on behalf of the applicant submits that investigation is over and charge-sheet is filed. He, therefore, submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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R/CR.MA/23225/2021 ORDER DATED: 25/02/2022

3. The learned APP appearing on behalf of the respondent-

State has opposed grant of regular bail looking to the nature and gravity of the offence.

4. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. I have considered the fact that the offence is registered against the present applicant in the year 2013-14, in which for one offence he was acquitted by the concerned Court and in the second offence, he was released on bail. After these two offences, no other offence is registered against the present applicant- accused. The Act came into force in the year 2019. I am in complete agreement with the view taken by the Coordinate Bench (Coram: A. S. Supehia, J) in Criminal Misc. Application No.3819 of 2021 dated 06.05.2021. Over and above, the present applicant is having permanent deformity of 85%.

6. 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.

7. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with Page 2 of 4 Downloaded on : Fri Feb 25 23:08:40 IST 2022 R/CR.MA/23225/2021 ORDER DATED: 25/02/2022 the I-CR.No.11209056210972 of 2021 registered with the Himmatnagar 'B' Division Police Station, Sabarkantha 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 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] furnish the present 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;

       [f]      attend the trial on each and every day.

       [g]      not leave Mehsana District till the trial is over.

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.

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R/CR.MA/23225/2021 ORDER DATED: 25/02/2022

9. 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.

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. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(SAMIR J. DAVE,J) MEHUL B. TUVAR Page 4 of 4 Downloaded on : Fri Feb 25 23:08:40 IST 2022

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