Gujarat High Court
Bittukumar Navinsing Bhumihar vs State Of Gujarat on 19 May, 2021
Author: Ileshj. Vora
Bench: Ilesh J. Vora
R/CR.MA/8021/2021 ORDERDATED:19/05/2021
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CRIMINALMISC.APPLICATIONNO. 8021of 2021
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BITTUKUMARNAVINSINGBHUMIHAR Versus STATEOF GUJARAT ========================================================== Appearance:
MRBC DAVE(245)for the Applicant(s)No. 1,3,4,5 MRBC DAVE(245)-G/245for the Applicant(s)No. 2 MRHARDIKSONI,LD.ADDL.PUBLICPROSECUTOR(2)for the Respondent(s)No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA Date: 19/05/2021 ORALORDER
1. The applicants, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being No. 11210015200081 of 2020 registered with D.C.B. Police Station, Surat City for the offences punishable under Sections 454, 457, 380, 34, 120(B), 511 of the Indian Penal Code and Section 66(B), 66(C) of I.T. Act.
2. Learned advocate appearing for the applicants submits that they are suffering confinement since 20/09/2020 and charge-sheet has already been filed and therefore, further detention of the applicants are unwarranted.
3. Learned APP has opposed the bail application contending that, considering the conduct of the applicants and nature of accusation, the discretion may not be exercised in favour of the applicants.Page 1 of 3 Downloaded on : Sat Jan 15 02:01:55 IST 2022
R/CR.MA/8021/2021 ORDERDATED:19/05/2021
4. Considering the entire facts and circumstances of the case and submissions of learned Counsel for the parties, it appears that no monetary benefits have been received by the applicants and charge-sheet has already been filed. So far as past antecedents are concerned, the applicants have been enlarged on bail by this Court as well as by the concerned Trial Court. Keeping in mind the nature of offence, evidence, complicity of Accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
5. Hence, present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being No. 11210015200081 of 2020 registered with D.C.B. Police Station, Surat City, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) each with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall;
No. Conditions
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injuries to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the Sessions Judge concerned;
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(e) furnish latest 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 the trial Court;
6. The authorities shall release the applicants if they are not required in connection with any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicants. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent.
Registry to send a copy of this order to the concerned Jail Authority as well as ld. Sessions Court forthwith through fax and e-mail.
(ILESHJ. VORA,J) DIPTI PATEL Page 3 of 3 Downloaded on : Sat Jan 15 02:01:55 IST 2022