Gujarat High Court
Kaushikbhai Hasmukhb Hai @ Munnabhai ... vs State Of Gujarat on 22 August, 2016
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/18443/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18443 of 2016
==========================================================
KAUSHIKBHAI HASMUKHB HAI @ MUNNABHAI MAHADEVBHAI
(JAKASANIYA) PATEL....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
==========================================================
Appearance:
MR AB GATESHANIYA, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 22/08/2016
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C. R. No. I-33/2016 registered with Halvad Police Station, District: Surendranagar for the offences punishable under Sections 302, 201, 404, 34 and 120B of the Indian Penal Code.
2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.
Page 1 of 4
HC-NIC Page 1 of 4 Created On Thu Aug 25 03:30:58 IST 2016
R/CR.MA/18443/2016 ORDER
3. Learned advocate for the applicant submitted that there is no direct evidence / material against the present applicant. Present applicant is involved in the offence only on the basis of confessional statement of the co- accused. The learned advocate for the applicant has further submitted that the applicant is an innocent person, however has been falsely implicated in the alleged offences. It is further submitted that the investigation is over and chargesheet is filed and therefore, now there is no possibility of tampering with the evidence. It is further submitted that applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court. Therefore, considering the nature and gravity of accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected.
5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu Aug 25 03:30:58 IST 2016 R/CR.MA/18443/2016 ORDER accusation made against the applicant in the First Information Report and other chargesheet papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail as now there is no possibility of tampering with the evidence as chargesheet is filed. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C. R. No. I-33/2016 registered with Halvad Police Station, District:
Surendranagar on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court, and subject to the following 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] 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 every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent address of residence to the
Page 3 of 4
HC-NIC Page 3 of 4 Created On Thu Aug 25 03:30:58 IST 2016
R/CR.MA/18443/2016 ORDER
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;
[g] not enter into Halvad Taluka for the period of three months.
6. 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 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.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J.) drashti Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Aug 25 03:30:58 IST 2016