Gujarat High Court
Juned Yakubbhai Patel vs State Of Gujarat on 19 July, 2024
NEUTRAL CITATION
R/CR.MA/13752/2024 ORDER DATED: 19/07/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 13752 of 2024
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JUNED YAKUBBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. VARUN G RAI(7135) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 19/07/2024
ORAL ORDER
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO. 11196026240152 of 2024 registered with Ravpura Police Station, Vadodara.
3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail, inter alia, contending that the present applicant had introduced to the other co-accused deceased, who has since expired and it was Nilesh, who had forged the order under the provisions of the Disturbed Area Act Page 1 of 4 Downloaded on : Sat Jul 20 04:30:52 IST 2024 NEUTRAL CITATION R/CR.MA/13752/2024 ORDER DATED: 19/07/2024 undefined to enable the other accused to transfer the property in question. He further submits that the investigation of the offence is still in progress. The present applicant is alleged to have received some financial gain for the aforesaid act.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. As per the case of prosecution, the co-accused was disposing of the property belonging to him and for the said purpose, he was in the the need of permission of the Disturbed Area Act to be obtained from the Office of the Collector. The present applicant is alleged to have introduced the other co-accused Nilesh, who is alleged to have forged the said documents to enable the other co-accused to dispose of the property in question in question.
6. 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.
7. 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.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.NO. 11196026240152 of 2024 registered with Ravpura Police Station, Vadodara, on executing a personal Page 2 of 4 Downloaded on : Sat Jul 20 04:30:52 IST 2024 NEUTRAL CITATION R/CR.MA/13752/2024 ORDER DATED: 19/07/2024 undefined 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 & 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. and 2.00 p.m.;
(f) furnish the 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 without prior permission of Trial Court;
9. 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.
10. 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, Page 3 of 4 Downloaded on : Sat Jul 20 04:30:52 IST 2024 NEUTRAL CITATION R/CR.MA/13752/2024 ORDER DATED: 19/07/2024 undefined in accordance with law.
11. 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. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J) GIRISH Page 4 of 4 Downloaded on : Sat Jul 20 04:30:52 IST 2024