Gujarat High Court
Vishal Vishnubhai Nayak @ Ami Rasikbhai ... vs State Of Gujarat on 28 April, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/5046/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5046 of 2017
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VISHAL VISHNUBHAI NAYAK @ AMI RASIKBHAI @ EKLAVIYA JITENDRA
NAYAK....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR RUTVIJ OZA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 28/04/2017
ORAL ORDER
1. Heard Mr. Ashish Dagli, learned advocate, for the applicant and Mr. Rutvij Oza, learned APP, for the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 39/2016 with DCB Police Station, Ahmedabad, for the offences punishable under Sections 419, 465, 467, 468, 471 and 114 of the IPC and Section 12(1)(b) of the Passport Act.
3. It is submitted that the FIR came to be lodged by one K.I. Jadeja, Police Sub Inspector serving with Crime Branch, Ahmedabad, inter alia, stating that complainant received Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Apr 29 02:25:08 IST 2017 R/CR.MA/5046/2017 ORDER secret information with regard to the fact that one accused who is convicted and after releasing on furlough leave from last one year he is absconding accused namely Vishal Visnubhai Nayak and as per secret information the complainant as well as other police personnel have carried out raid at Mumbai from where the accused was found and thereafter accused was arrested and brought to the police station at Crime Branch. Upon further enquiry from the accused certain articles from the pocket and his possession found as narrated in the FIR. It is also revealed that on certain identity proof like driving license, Aadhar Card, photographs of petitioner came to be affixed. However, name reveals different and therefore, it is alleged that accused who has created forged document to create his false identity was absconding from last one year and thereafter, he was caught. Accordingly the FIR came to be lodged.
4. Considering the charge-sheet papers supplied by learned APP during the course of hearing, it appears that the investigation is complete. All the alleged forged documents are in the custody of the investigating agency and therefore, there is no likelihood of tempering with the evidence or fleeing from justice. The offences are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail at this stage will amount to pre-trial conviction, which is prohibited by law. Therefore, the application requires consideration.
5. Hence, the application is allowed and the applicant is Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Apr 29 02:25:08 IST 2017 R/CR.MA/5046/2017 ORDER ordered to be released on bail in connection with C.R. No. I - 39/2016 with DCB Police Station, Ahmedabad, 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 the applicant 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] not leave the territory of Gujarat without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly;
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
6. The Competent Authority will release the applicant only if the applicant 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 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Apr 29 02:25:08 IST 2017 R/CR.MA/5046/2017 ORDER 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.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Tausif Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Apr 29 02:25:08 IST 2017