Gujarat High Court
Mukeshbhai Jethabhai Patel @ ... vs State Of Gujarat on 15 January, 2018
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.MA/6/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 6 of 2018
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MUKESHBHAI JETHABHAI PATEL @ MAHENDRABHAI RAMESHBHAI
PATEL....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
JAGAT V PATEL, ADVOCATE for the Applicant(s) No. 1
MR. RAHIL P JAIN, ADVOCATE for the Respondent(s) No. 1
MS CM SHAH ADDITONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 15/01/2018
ORAL ORDER
1. Heard learned advocate for the applicant and learned APP for the respondentState.
2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 406, 420, 170 and 114 of the Indian Penal Code for which FIR came to be registered at C.R. No.I 109 of 2017 with Gambhoi Police Station.
3. Learned counsel for the petitioner states that a sum of Rs.11,00,000( Rupees Eleven Lakhs Only) has been recovered from Page 1 of 4 HC-NIC Page 1 of 4 Created On Mon Jan 15 23:41:04 IST 2018 R/CR.MA/6/2018 ORDER the petitioner and is deposited as muddamal with the court below. He submits that he has no objection if the concerned court pays over the said amount to the complainant. He further stated that the petitioner will cooperate and will tender no objection for withdrawal of the said amount by the complainant in the application already made by the complainant in this regard.
4. Affidavit of the complainant reciting no objection for grant of bail is placed on record by the learned counsel for the petitioner. Learned counsel states that the original affidavit of the complainant is produced by learned counsel Mr. Rahil Jain and that he has identified the complainant.
5. In above view of the matter, the case for admitting the petitioner to bail is made out in absence of apprehension against him tampering wit the evidence, threatening the witnesses or fleeing from justice.
6. Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No. I 109 of 2017 registered with Gambhoi Police Station, on executing a 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;
(c) surrender his passport, if any, to the lower court within a Page 2 of 4 HC-NIC Page 2 of 4 Created On Mon Jan 15 23:41:04 IST 2018 R/CR.MA/6/2018 ORDER week;
(d) not leave the territory of India without prior permission of the Sessions Judge concerned;
(e) mark presence in the concerned police station once in a calendar month;
(f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court.
7. The competent authority will release the applicants only if he is not required in connection with any other offence for the time being. 7.1 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
7.2 Bail bond to be executed before the lower court having jurisdiction to try the case.
7.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 7.4 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.
8. Rule made absolute to the aforesaid extent. Direct service is permitted.
Page 3 of 4 HC-NIC Page 3 of 4 Created On Mon Jan 15 23:41:04 IST 2018 R/CR.MA/6/2018 ORDER (G.R.UDHWANI, J.) niru* Page 4 of 4 HC-NIC Page 4 of 4 Created On Mon Jan 15 23:41:04 IST 2018