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Gujarat High Court

Chirag Anilbhai Visnagra vs State Of Gujarat on 16 January, 2024

                                                                                                NEUTRAL CITATION




     R/CR.MA/17499/2023                                           ORDER DATED: 16/01/2024

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/CRIMINAL MISC.APPLICATION NO. 17499 of 2023
            (FOR REGULAR BAIL - AFTER CHARGESHEET)

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                CHIRAG ANILBHAI VISNAGRA
                         Versus
                    STATE OF GUJARAT
=======================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR BHARGAV PANDYA APP for the Respondent(s) No. 1
=======================================================

 CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                 Date : 16/01/2024

                                       ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11213021230363/2023 registered with the Jasdan Police Station, Rajkot Rural for the offence punishable under Sections 489(A), 489(B), 489©, 489(D) and 114 of the Indian Penal Code.

2. Learned advocate for the applicant submitted that the so-called incident has taken place on 17.06.2023, for which, the FIR has been lodged on the very next day i.e. on 18.06.2023 and the applicant has been arrested in connection with the same on 24.07.2023 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present Page 1 of 5 Downloaded on : Tue Jan 16 20:44:36 IST 2024 NEUTRAL CITATION R/CR.MA/17499/2023 ORDER DATED: 16/01/2024 undefined application is preferred. Learned advocate submitted that so far as the allegations levelled in the complaint, on the basis of the secret information received by the members of the police personnel, they have intercepted one person and during the course of search and seizure, 30 currency notes in the denomination of Rs.500/- were found from the conscious possession of the co-acused and during the course of investigation, the name of the applicant has come on surface and, hence, the applicant has been arraigned as accused and arrested by the police. Learned advocate submitted that so far as the role attributed to the present applicant is concerned, the present applicant - accused used to go at Angadia firm for circulating and receiving the amount and while handing over the amount to Angadia firm, the applicant used to insert fake currency notes. Learned advocate, however, submitted that the said allegations cannot be believed because in the Angadia firm, each and every note is to be verified by the concerned person. Learned advocate submitted that there is no recovery or discovery at the instance of the present applicant and only role attributed to the present applicant is that he has abetted the main accused in the commission of crime. It is, therefore, urged that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

NEUTRAL CITATION R/CR.MA/17499/2023 ORDER DATED: 16/01/2024 undefined

3. Learned APP for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the present applicant is clearly spelt out from the papers of the chargesheet and, hence, the present application may not be entertained.

4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that the present application is preferred after submission of the chargesheet and now the investigation is completed and the applicant is in jail since 24.07.2023. It is found out that the applicant is named in the FIR, however during the course of investigation, the name of the applicant has come on surface on the strength of statement of the co-accused made before the concerned Police Officer. I have also considered the role attributed to the present applicant and found out that he has abetted the main accused in the commission of crime and except this, there is no other role attributed to him. Further, there is no recovery or discovery at the instance of the present applicant - accused. Therefore considering the above factual aspects, the present application deserves to be allowed.

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5. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012] 1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51.

6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11213021230363/2023 registered with the Jasdan Police Station, Rajkot Rural on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 injuries 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 Page 4 of 5 Downloaded on : Tue Jan 16 20:44:36 IST 2024 NEUTRAL CITATION R/CR.MA/17499/2023 ORDER DATED: 16/01/2024 undefined permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish the present 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;

8. 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 concerned 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.

9. 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.

10. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(DIVYESH A. JOSHI, J.) Gautam Page 5 of 5 Downloaded on : Tue Jan 16 20:44:36 IST 2024