Gujarat High Court
Girishbhai @ Bhuriyo Budhiya Chaudhary vs State Of Gujarat on 7 November, 2017
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/26090/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 26090 of 2017
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GIRISHBHAI @ BHURIYO BUDHIYA CHAUDHARY....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR APURVA R KAPADIA, ADVOCATE for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 07/11/2017
ORAL ORDER
1. The present 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.III-516/2017 registered with Kamrej Police Station, District Surat Rural, for the offences punishable under Sections 65-E, 81, 83, 98(2) and 99 of the Prohibition Act.
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 applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is further submitted that except the statement of co-
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R/CR.MA/26090/2017 ORDER
accused there is no other material to connect the present applicant in the alleged offences. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, the applicant may be enlarged on bail. Learned advocate for the applicant, upon instructions, states that the applicant is ready and willing to deposit Rs.25,000/- before the trial court, within a period of one week from the date of his release, without prejudice to his rights and contentions and he has no objection if the said amount is disbursed in favour of the injured persons namely Chiragbhai Prakashbhai Patel, Driver of the Audi Car bearing registration No.GJ-5-RA-8441 and Mehulbhai Champakbhai, Police Constable, Bardoli Police Station, Surat Rural. It is also stated by the learned advocate, upon instructions, that the applicant has no objection if the said injured persons are permitted to withdraw the said amount, but such concession given by the applicant may not be construed as admission of guilt on the part of the applicant. It is also stated that the applicant will not claim refund of the said amount, if he is acquitted in future. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offences. He has further Page 2 of 6 HC-NIC Page 2 of 6 Created On Tue Nov 07 23:24:36 IST 2017 R/CR.MA/26090/2017 ORDER submitted that there is a prima facie case against the present applicant, and therefore, the present application may be rejected.
5. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature and gravity of accusation made against the applicant in the First Information Report and other police papers as also considering the fact that the applicant is ready and willing to deposit Rs.25,000/- before the trial court, within a period of one week from the date of his release, without prejudice to his rights and contentions and he has no objection if the said amount is disbursed in favour of the injured persons namely Chiragbhai Prakashbhai Patel, Driver of the Audi Car bearing registration No.GJ-5-RA-8441 and Mehulbhai Champakbhai, Police Constable, Bardoli Police Station, Surat Rural, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail. 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.III-516/2017 registered with Kamrej Police Station, District Surat Rural, on his executing 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 Page 3 of 6 HC-NIC Page 3 of 6 Created On Tue Nov 07 23:24:36 IST 2017 R/CR.MA/26090/2017 ORDER 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 permission of the Sessions Judge concerned;
[e] not enter into Surat Rural area for a period of six months, except for the purpose of marking presence before the concerned Police Station and attending the trial Court;
[f] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[g] 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;
[h] deposit an amount of Rs.25,000/-, without prejudice to his rights and contentions, before the concerned Trial Court within a period of one week from the date of his release;
[i] After depositing the aforesaid amount, the concerned Trial Court shall disburse the same in favour of the injured persons Page 4 of 6 HC-NIC Page 4 of 6 Created On Tue Nov 07 23:24:36 IST 2017 R/CR.MA/26090/2017 ORDER namely Chiragbhai Prakashbhai Patel, Driver of the Audi Car bearing registration No.GJ- 5-RA-8441 and Mehulbhai Champakbhai, Police Constable, Bardoli Police Station, Surat Rural, in equal proportion by account payee cheque after proper verification.
The withdrawal of the said amount shall not be construed as admission of guilt on the part of the applicant as the amount is being deposited by the applicant without prejudice to his rights and contentions. However, it is clarified that the applicant shall not claim refund of the said amount in the event of his acquittal in future. If the above conditions as volunteered by the applicant are not complied with or fulfilled, the bail granted in favour of the applicant shall stand automatically cancelled without any reference to the Court.
6. 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 Page 5 of 6 HC-NIC Page 5 of 6 Created On Tue Nov 07 23:24:36 IST 2017 R/CR.MA/26090/2017 ORDER the observations of preliminary nature, qua the evidence at this stage made by this Court while enlarging the applicant on bail.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J.) BD Songara Page 6 of 6 HC-NIC Page 6 of 6 Created On Tue Nov 07 23:24:36 IST 2017