Gujarat High Court
Ramlakhan @ Lakhan Swami Dayal Chauhan vs State Of Gujarat on 24 August, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/14141/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14141 of 2018
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RAMLAKHAN @ LAKHAN SWAMI DAYAL CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR RAMNANDAN SINGH(1126) for the PETITIONER(s) No. 1
MR J K SHAH, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 24/08/2018
ORAL ORDER
1. The present successive 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-61 of 2018 registered with Bapod Police Station, Vadodara City for the offences punishable under Sections 467, 468, 471, 406, 409, 420, and 114 of the Indian Penal Code.
2. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.
3. Learned advocate for the applicant submits that the present is a successive bail application after filing of the charge-sheet. Learned advocate for the applicant submits that investigation is over and charge-sheet is submitted, and therefore, now there Page 1 of 5 R/CR.MA/14141/2018 ORDER is no possibility of tampering with the evidence. It is submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that main accused namely Sandipkumar S/o Kantibhai Maganbhai Bhil has been enlarged on regular bail by the Co-ordinate Bench of this Court vide order dated 16.08.2018 passed in Criminal Misc. Application No.13946 of 2018. It is further submitted that the present applicant was working with the said co- accused Sandipkumar S/o Kantibhai Maganbhai Bhil as private clerk. It is further submitted that the applicant is having root in District Vadodara and also having responsibility towards his family, therefore, there is no likelihood of his running away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court and, therefore, considering the nature of allegation and gravity of the offence, the applicant may be enlarged on regular bail.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail and submitted that from the charge-sheet papers, there is a prima facie case against the present applicant for committing the alleged offence and therefore, the present application may be rejected.
5. Regard being had to the above submissions, in the Page 2 of 5 R/CR.MA/14141/2018 ORDER facts and circumstances of the case, considering the nature and gravity of accusation made against the applicant in the First Information Report and other charge-sheet papers as also considering the fact that main accused namely Sandipkumar S/o Kantibhai Maganbhai Bhil has been enlarged on regular bail by the Co-ordinate Bench of this Court vide order dated 16.08.2018 passed in Criminal Misc. Application No.13946 of 2018, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of regular bail, as the charge-sheet is filed, therefore, now there is no possibility of tampering with the evidence. 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.
6. 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-61 of 2018 registered with Bapod Police Station, Vadodara City, 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;
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[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, on 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 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.
7. 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 Page 4 of 5 R/CR.MA/14141/2018 ORDER evidence at this stage made by this Court while enlarging the applicant on bail.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J) BDSONGARA Page 5 of 5