Thakore Dhulaji Becharaji & 15 vs State Of Gujarat on 2 February, 2018

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Gujarat High Court

Thakore Dhulaji Becharaji & 15 vs State Of Gujarat on 2 February, 2018

Bench: G.R.Udhwani

                    R/CR.MA/966/2018                                                 ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 966 of 2018
         ============================================================
         ====
                  THAKORE DHULAJI BECHARAJI & 15....Applicant(s)
                                     Versus
                        STATE OF GUJARAT....Respondent(s)
         ================================================================
         Appearance:
         MR.KIRIT R CHAUDHARI, ADVOCATE for the Applicant(s) No. 1 - 16
         MR IMTIYAJ M KURESHI, ADVOCATE for the Respondent(s) No. 1
         MS CM SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
         No. 1
         ================================================================
          CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

                                           Date : 02/02/2018


                                            ORAL ORDER

1. Leave to amend the cause title.

2. Heard learned advocate for the applicants and learned APP for the respondentState.

3. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 143, 147, 148, 149, 323, 324, 326, 427, 337, 394, 395, 504 and 506(2) of the Indian Penal Code ( for short 'the IPC') and under section 135 of the Gujarat Police Act for which FIR came to be registered at C.R. No.I 96 of 2017 with Visnagar Taluka Police Station.

4. The accused are inter alia attributed with rioting during the last Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Feb 03 00:05:26 IST 2018 R/CR.MA/966/2018 ORDER assembly election held in Visnagar constituency of Mehsana District. They are attributed with the act of throwing glass bottles upon the victims. Except petitioner no.1 in Criminal Misc. Application No. 970 of 2018, others have not caused any serious injuries on the person of the victims. No other antecedents are pointed out by the learned APP against the said accused persons. The learned APP under instructions of Mr. H. D. Khant, PSI, Visnagar Police Station states that substantially investigation is over and thus statements of the witnesses are recorded and other necessary evidence has already been collected by the investigator. Thus having regard to the overall facts and circumstances of the case, the petitioners are required to be admitted to bail.

5. Hence, this application is allowed and applicants are ordered to be released on bail in connection with C.R No. I 96 of 2017 registered with Visnagar Taluka Police Station 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 they shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(d) not leave the territory of India without prior permission of the Sessions Judge concerned;

(e) not enter within the area of Visnagar Taluka Police Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Feb 03 00:05:26 IST 2018 R/CR.MA/966/2018 ORDER Station except for attending the court and marking presence in the concerned police station;

(f) mark presence in the concerned police station once in a calendar month;

(g) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court.

5. The competent authority will release the applicants only if they are not required in connection with any other offence for the time being. 5.1 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

5.2 Bail bond to be executed before the lower court having jurisdiction to try the case.

5.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 5.4 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 applicants on bail.

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




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                  R/CR.MA/966/2018                                           ORDER




                                                                     (G.R.UDHWANI, J.)




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