Gujarat High Court
Hardik Manubhai Thakkar vs State Of Gujarat on 12 February, 2021
Equivalent citations: AIRONLINE 2021 GUJ 95
Author: A. S. Supehia
Bench: A.S. Supehia
R/CR.MA/20054/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20054 of 2020
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HARDIK MANUBHAI THAKKAR
Versus
STATE OF GUJARAT
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Appearance:
A B PATEL(7467) for the Applicant(s) No. 1
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 12/02/2021
ORAL ORDER
1. Heard the learned advocates for the respective parties through video conferencing.
2. The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.11204047200032 of 2020 registered with Nadiad West Police Station, Kheda for the offences punishable under Sections 489A, 489B, 489C, 489D and 120B of the Indian Penal Code, 1860 (IPC).
3. Learned advocate appearing for the applicant has submitted that the applicant has been arrested on 09.02.2020 and since then he is in jail. It is submitted that on the basis of the statement of the coaccused persons the applicant has been arrested and there is no direct evidence connecting the applicant with the alleged offence. It is submitted that the applicant was not even named in the F.I.R.
Learned advocate has further submitted that the investigating officer had not even seized the machine, by which, as per the case of the Page 1 of 5 Downloaded on : Mon Feb 15 21:11:33 IST 2021 R/CR.MA/20054/2020 ORDER
prosecution, the socalled counterfeit notes were cut by the applicant and the same was not even sent to the FSL and there is nothing incriminating material recovered from the applicant.
4. Learned advocate for the applicant has further submitted that the original accused Nos.1 and 2 were caught red handed with the actual possession of the counterfeit notes, printer, stainless scale, cutters, inks and allied material for counterfeiting the currency notes and they all are the beneficiaries from the alleged offence. Learned advocate has supplied the orders passed in case of one of the co accused dated 21.12.2020 passed in Criminal Misc. Application No.14210 of 2020, who is released by the Coordinate Bench of this court as well as the order passed in case of accused No.4 granting bail to him vide order dated 27.01.2021 by Additional Sessions Court, Nadad in Criminal Misc. Application No.75 of 2021. Hence, on the ground of parity, the learned advocate prays that the present applicant may be released on bail.
5. Learned Additional Public Prosecutor appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.
6. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
Page 2 of 5 Downloaded on : Mon Feb 15 21:11:33 IST 2021R/CR.MA/20054/2020 ORDER
7. Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant. This Court has considered following aspects;
(i) The accused is in jail since 09.02.2020;
(ii) The role attributed to the accused;
(iii) The investigation is over and the charge sheet is filed;
(iv) The applicant was not even named in the F.I.R.;
(v) Prima facie on the basis of the statement of the coaccused persons the applicant has been arrested and prima facie there is no direct evidence connecting the applicant with the alleged offence;
(vi) Two of the coaccused have been released on bail by this court as well as by the concerned trial court.
8. This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40;
9. In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.11204047200032 of 2020 registered with Nadiad West Police Station, Kheda, on executing a personal bond of Rs.10,000/ (Rupees Ten Thousand Only) with Page 3 of 5 Downloaded on : Mon Feb 15 21:11:33 IST 2021 R/CR.MA/20054/2020 ORDER one local surety of the like amount to the satisfaction of the learned 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 his passport, if any, to the lower court within a week;
(d)not leave the State of Gujarat without prior permission of the concerned Trial Court;
(e) mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;
(f) 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;
10. 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 Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial Court having jurisdiction to try the case.
Page 4 of 5 Downloaded on : Mon Feb 15 21:11:33 IST 2021R/CR.MA/20054/2020 ORDER 11. 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 the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute accordingly.
12. Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.
13. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court through Fax message, email and/or any other suitable electronic mode.
Sd/-
(A. S. SUPEHIA, J) Bhavesh-[pps] Page 5 of 5 Downloaded on : Mon Feb 15 21:11:33 IST 2021