Gujarat High Court
Nitinkumar Kababhai Buha (Patel) vs State Of Gujarat on 19 December, 2022
Author: Samir J. Dave
Bench: Samir J. Dave
R/CR.MA/21826/2022 ORDER DATED: 19/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21826 of 2022
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NITINKUMAR KABABHAI BUHA (PATEL)
Versus
STATE OF GUJARAT
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Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR. J. K. SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 19/12/2022
ORAL ORDER
1. 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. 11203003220010 of 2022 with Bhavnath Police Station, District Junagadh, for the offences punishable under Sections 489A, 489B, 489C, 489D, 120 (B) and 201 of the Indian Penal Code.
2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Learned advocate for the applicant submits that co accused has been released on regular bail, thus on the Page 1 of 4 Downloaded on : Sat Dec 24 04:08:51 IST 2022 R/CR.MA/21826/2022 ORDER DATED: 19/12/2022 ground of parity, the applicant may be released on regular bail
3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard learned advocates appearing for the parties and perused the papers of investigation. It appears that other co accused has been released on regular bail, thus, on the ground of parity also, the prayer of the applicant requires consideration.
6. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. 11203003220010 of 2022 with Bhavnath Police Station, District Junagadh, on Page 2 of 4 Downloaded on : Sat Dec 24 04:08:51 IST 2022 R/CR.MA/21826/2022 ORDER DATED: 19/12/2022 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 he 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 India without prior permission of the Sessions Judge concerned;
[e] furnish the present address of residence to the I.O.
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 Page 3 of 4 Downloaded on : Sat Dec 24 04:08:51 IST 2022 R/CR.MA/21826/2022 ORDER DATED: 19/12/2022 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 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, 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.
8. Rule made absolute to the aforesaid extent. Direct service is permitted.
(SAMIR J. DAVE,J) VARSHA DESAI Page 4 of 4 Downloaded on : Sat Dec 24 04:08:51 IST 2022