Hiteshbhai @ Tiko Premjibhai Dabhi vs State Of Gujarat & on 7 July, 2017

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Gujarat High Court

Hiteshbhai @ Tiko Premjibhai Dabhi vs State Of Gujarat & on 7 July, 2017

Bench: A.J.Desai

                 R/CR.MA/10435/2017                                                ORDER



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
                            10435 of 2017

         =============================================
              HITESHBHAI @ TIKO PREMJIBHAI DABHI....Applicant(s)
                                  Versus
                    STATE OF GUJARAT & 1....Respondent(s)
         =============================================
         Appearance:
         MR. BHAUMIK DHOLARIYA, ADVOCATE for the Applicant(s) No. 1
         MR AJ YAGNIK, ADVOCATE for the Respondent(s) No. 2
         MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1
         =============================================

         CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                      Date : 07/07/2017
                                        ORAL ORDER

1. Heard Mr.Baumik Dholariya, learned advocate, for the applicant and Mr. Mitesh Amin, learned Public Prosecutor, for the respondent-State and Mr. Anand Yagnik, learned advocate appearing for the original complainant.

2. By way of the present successive application u/s. 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with an FIR being C.R.No.I-127 of 2016 registered with Una Police Station, Una for the offences punishable under sections 307, 397, 395, 365, 355, 354, 342, 147, 148, 149, 324, 323, 504, 506(2), 120(B), 201, 166A, 167, 466, 177, 204, 294(b), 505(1)

(b), 509, etc. of the Indian Penal Code; Section 135 of the Gujarat Police Act; Sections 3(1)(e),(r),(s),(u), 3(2)(5a), 3(1)

(d), 3(1)(za)(E), 3(1)(w)(i),(ii), 3(2)(vi), 3(2)(vii),4 etc. of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989; Section 66A & 66B of The Information Technology Act.

3. Learned advocate for the applicant submits that considering Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Jul 08 00:14:52 IST 2017 R/CR.MA/10435/2017 ORDER the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned Public Prosecutor as well as learned advocate appearing for the respondent No. 2 - complainant oppose the grant of bail looking to the nature and gravity of offences.

5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. I have heard learned advocates appearing for the parties and perused the papers of investigation and particularly, statements of one Chandubhai Kalabhai Sarvaiya and Narsinhbhai Kanabhai Sarvaiya, who had given kick blows to the persons, who had tied with the vehicle. I have consider the fact that the present applicant is behind the bar since 06.08.2016.

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.I- 127 of 2016 registered with Una Police Station, Una on executing a 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 injuries to the interest of the prosecution;




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                       R/CR.MA/10435/2017                                                   ORDER



                    [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]    not   enter   into  Taluak   Una  for   a   period   of  two   months

except to attend the Court proceedings and shall provide latest address to the concerned police station, where he is going to reside for a period of two months and mark presence at the concerned police station on every Monday for a period of two months and after entering into Taluka Una, mark presence at the concerned police station on any day of first week till the trial is over;

[f] furnish the present address of residence to the I.O. 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 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. 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.

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

(A.J.DESAI, J.) *Kazi...

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