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Arif Siddique Kurkur (Aarif Siddique ... vs State Of Gujarat on 12 March, 2025

                                                                                                        NEUTRAL CITATION




                            R/CR.MA/4272/2025                            ORDER DATED: 12/03/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
                                     AFTER CHARGESHEET) NO. 4272 of 2025
                       ==========================================================
                                    ARIF SIDDIQUE KURKUR (AARIF SIDDIQUE KURKUR)
                                                        Versus
                                                  STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
                       MR HARDIK MEHTA, APP for the Respondent(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                     Date : 12/03/2025

                                                      ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for successive regular bail in connection with FIR being FIR being C.R. No.11207002240381/ 2024 registered with Godhra 'B' Division Police Station, Panchmahal for the offences punishable under Sections 336(2), 337, 338, 336(3), 340(2), 341(1) and 61(2) of BNS.

[3.0] The learned advocate for the applicants submits that the applicant has no involvement in the offence and has been falsely implicated. The applicant was arrested on 20.10.2024. Nothing is required to be recovered and discovered from the accused. Investigation is over and charge-sheet is filed. Applicant is having no past antecedents. He therefore submits that, considering the Page 1 of 6 Uploaded by KUMAR ALOK(HC01091) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:51 IST 2025 NEUTRAL CITATION R/CR.MA/4272/2025 ORDER DATED: 12/03/2025 undefined nature of the offence, the applicant may be enlarged on successive regular bail by imposing suitable conditions.

[4.0] Learned APP has vehemently opposed the present application on the ground that merely filing of the charge-sheet is not a ground to grant bail. It is submitted that sufficient material is collected against the present applicant. The present applicant is working as a computer operator, at that time, he has forged the documents and taken undue advantage and forged the documents under RTS proceedings. Co-accused is required to be arrested. It is submitted that the allegations against the present applicant is serious one and he has forged the order of Dy. Collector. If he released on bail possibility cannot be ruled out to tamper with the evidence. Hence, he has requested to dismiss the present application for successive regular bail looking to the nature and gravity of the offence.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail:

(i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution;

(ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of Page 2 of 6 Uploaded by KUMAR ALOK(HC01091) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:51 IST 2025 NEUTRAL CITATION R/CR.MA/4272/2025 ORDER DATED: 12/03/2025 undefined trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation is over and charge-sheet has been filed. Following aspects have been considered:

(1)) Offence is not punishable with life imprisonment or death penalty;

(2) investigation is over and charge-sheet is filed; (3) nothing is required to be recovered and discovered from the accused;

(4) applicant is arrested on 20.10.2024; (5) The allegations against the present applicant is that when he was working as a computer operator (Data Entry Operator) in Prant Office, Revenue Department, Godhra, at that time, he has taken undue advantage and forged the documents. It appears that similar name of mother of complainant and accused tried to evict the property and forged the order of Deputy Collector;

(6) Case is based on documentary evidence; (7) commencement of trial will take its own time; (8) co-accused is on run is not a ground to deny the bail;

NEUTRAL CITATION R/CR.MA/4272/2025 ORDER DATED: 12/03/2025 undefined [7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.

[8.0] 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 successive regular bail. Hence, the present application is allowed. The applicant is ordered to be released on successive regular bail in connection with FIR being C.R. No.11207002240381/ 2024 registered with Godhra 'B' Division Police Station, Panchmahal, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 Page 4 of 6 Uploaded by KUMAR ALOK(HC01091) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:51 IST 2025 NEUTRAL CITATION R/CR.MA/4272/2025 ORDER DATED: 12/03/2025 undefined prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned ;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. to 2.00 p.m.;

(f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence and contact Number without prior permission of Trial Court;

(g) not contact with the victim/any other witnesses directly or indirectly and shall not tamper with the evidence;

[9.0] 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.

NEUTRAL CITATION R/CR.MA/4272/2025 ORDER DATED: 12/03/2025 undefined [10.0] 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.

[11.0] 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.

[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 6 of 6 Uploaded by KUMAR ALOK(HC01091) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:51 IST 2025