Gujarat High Court
Bhaumik Bharatbhai Soni vs State Of Gujarat on 3 December, 2024
NEUTRAL CITATION
R/CR.MA/22055/2024 ORDER DATED: 03/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 22055 of 2024
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BHAUMIK BHARATBHAI SONI
Versus
STATE OF GUJARAT
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Appearance:
MR MB GOHIL(2702) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 03/12/2024
ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11194005240029 of 2024 registered with Ahmedabad City A.C.B. Police Station, District : Ahmedabad City, for the offences punishable under Sections 7, 12, 13(1) and 13(2) of the Prevention of Corruption Act, 1988.
[3.0] Learned Advocate appearing on behalf of the applicant submits that the applicant has been falsely implicated in the alleged offence. It is submitted that applicant is engaged in the business of extract gold touch and bullion business under the name and style of Ambika Touch and the complainant approach him at the instance of the accused No.1, who is Superintendent of GST Office and as accused No.1 has made a demand of Rs.1.20 Page 1 of 6 Uploaded by KUMAR ALOK(HC01091) on Wed Dec 04 2024 Downloaded on : Wed Dec 04 21:46:16 IST 2024 NEUTRAL CITATION R/CR.MA/22055/2024 ORDER DATED: 03/12/2024 undefined lakh towards the penalty of audit and the trap was made. It is alleged that the present applicant has accepted the amount of bribe and in aid of Section 12 in abetment he arraigned as an accused, alleging that he has accepted the tainted money on behalf of accused no.s 1 and 2, but the accused was innocent and he was only interested in his business. It is submitted that the accused no.1 used to come his shop to purchase gold and he was under the impression send the mone to him to purchase the gold and he has accepted the same under the bona fide impression and there was no any mala fide intention on his part. He has not fascilitated the crime. Substantial part of the investigation is over. Nothing is required to be recovered and discovered from the accused. The accused Nos.1 and 2 has played active role and they have made the demand. He further 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 submitted that the present applicant was fully aware of the fact that the said amount is paid towards the bribe. Even when the complainant approached the applicant, at that time, shadow panch witnesses were present, at that time, he was directed to stay out from his shop and then he accepted the amount, which speaks volume about his conduct and his knowledge about the money and the alleged transactions. He has facilitated the crime and abeted the offence. Hence, he is equally liable. Charge-sheet yet to be filed and investigation is in progress. Hence, she requested to dismiss Page 2 of 6 Uploaded by KUMAR ALOK(HC01091) on Wed Dec 04 2024 Downloaded on : Wed Dec 04 21:46:16 IST 2024 NEUTRAL CITATION R/CR.MA/22055/2024 ORDER DATED: 03/12/2024 undefined 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 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) The applicant is in jail since 10.10.2024. (2) applicant is a private person and the allegation against the present applicant is that the accused Nos.1 and 2, he accepted the tainted money of Rs.1.20 lakh towards bribe Page 3 of 6 Uploaded by KUMAR ALOK(HC01091) on Wed Dec 04 2024 Downloaded on : Wed Dec 04 21:46:16 IST 2024 NEUTRAL CITATION R/CR.MA/22055/2024 ORDER DATED: 03/12/2024 undefined and whatever defence raised by the applicant, he was interested to sell the gold, which amounts to his defence but tainted money is recovered and no remand of the present applicant is sought for and in aid of Section 12, he arraigned as an accused.
(3) Considering the aforesaid fact and quantum of punishment, Nothing is required to be recovered and discovered from the accused;
(4) No antecedent is reported against the applicant; (5) Considering the role attributed to the present applicant, he only accepted the money on behalf of the accused Nos.1 and 2 and they are arraigned.
[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-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 Page 4 of 6 Uploaded by KUMAR ALOK(HC01091) on Wed Dec 04 2024 Downloaded on : Wed Dec 04 21:46:16 IST 2024 NEUTRAL CITATION R/CR.MA/22055/2024 ORDER DATED: 03/12/2024 undefined 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.11194005240029 of 2024 registered with Ahmedabad City A.C.B. Police Station, District : Ahmedabad 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. and 2.00 p.m.;
(f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and present address of his residence to the Investigating Officer and also to the Court at the time Page 5 of 6 Uploaded by KUMAR ALOK(HC01091) on Wed Dec 04 2024 Downloaded on : Wed Dec 04 21:46:16 IST 2024 NEUTRAL CITATION R/CR.MA/22055/2024 ORDER DATED: 03/12/2024 undefined of execution of the bond and shall not change the residence without prior permission of Trial Court;
(g) not to indulge in any illegal activity and shall not contact either with accused No.1 or with any witnesses;
(h) applicant to join the investigation as and when required including voice spectrography test;
[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) KUMAR ALOK Page 6 of 6 Uploaded by KUMAR ALOK(HC01091) on Wed Dec 04 2024 Downloaded on : Wed Dec 04 21:46:16 IST 2024