Gujarat High Court
Dilipbhai Harilal Prajapati vs State Of Gujarat on 17 December, 2020
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.MA/18335/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18335 of 2020
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DILIPBHAI HARILAL PRAJAPATI
Versus
STATE OF GUJARAT
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Appearance:
DHRUVIN P BHUPTANI(8295) for the Applicant(s) No. 1
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 17/12/2020
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.
2. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11993003201647 of 2020 registered with Anjar Police Station, District : Kutch (East), Gandhidham for the offences under Section 306 of the Indian Penal Code and under Sections 33(2), 5, 42-A and 42-D of the Gujarat Money Lenders Act.
3. Mr. Jay Thakkar, learned advocate appearing for the applicant, submits that investigation is over and charge sheet filed and formality of filing of charge is remaining. He submits that no specific role is attributed to the applicant. He further submits that even in the details of calls, the name of the applicant is not appearing. He submits that only on the basis of chit allegedly written by the deceased containing the names of the money lenders including the applicant, the applicant is implicated in the impugned FIR. He submits that so far as the applicant is concerned, the ingredients of Section 107 of the IPC are Page 1 of 3 Downloaded on : Fri Dec 18 02:46:28 IST 2020 R/CR.MA/18335/2020 ORDER not attracted. He, therefore, urges that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.
4. Mr. Hardik Soni, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail. He submits that the applicant is doing the business of money lending without any valid license. He further submits that the applicant has one similar criminal antecedent. He further submits that the name fo the applicant is disclosed in the chit written by the deceased. He, therefore, submits that looking to serious nature of the offence, the gravity of the offence, the applicant may not be released on bail. However, he submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case.
5. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that without expressing opinion on merits and arguments canvassed by the learned advocates on either side this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, 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.11993003201647 of 2020 registered with Anjar Police Station, District : Kutch (East), Gandhidham on executing a 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 conditions that the applicant shall;
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[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 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] 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.;
[f] 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;
7. The Authorities will release the applicant only if he is 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 the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
8. Rule is made absolute to the aforesaid extent. Registry is directed to send the copy of the order through email or Fax to the concerned trial Court.
(A.G.URAIZEE, J) NAIR SMITA V. / F.S.KAZI Page 3 of 3 Downloaded on : Fri Dec 18 02:46:28 IST 2020