Gujarat High Court
Yogeshbhai @ Yoga Madhubhai Gavint vs State Of Gujarat on 22 September, 2020
Equivalent citations: AIRONLINE 2020 GUJ 768
Author: Ashokkumar C. Joshi
Bench: Ashokkumar C. Joshi
R/CR.MA/13502/2020 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13502 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
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1 Whether Reporters of Local Papers may be allowed no
to see the judgment ?
2 To be referred to the Reporter or not ? no
3 Whether their Lordships wish to see the fair copy of no
the judgment ?
4 Whether this case involves a substantial question of no
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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YOGESHBHAI @ YOGA MADHUBHAI GAVINT
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MS MOXA THAKKAR APP for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 22/09/2020
ORAL JUDGMENT
1. This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with C.R. No. 11822003201173/2020 registered with Vansda Police Station, District Navsari for the offences punishable under Sections Page 1 of 5 Downloaded on : Tue Sep 22 22:30:38 IST 2020 R/CR.MA/13502/2020 JUDGMENT 65(A)(E), 81, 98(2) of the Prohibition Act.
2. Heard learned Advocate Mr. Jaydeep H Sindhi for the Applicant and learned APP Ms. Moxa Thakkar for the Respondent-State through Video Conference.
3. Rule. Learned APP Ms. Moxa Thakkar waives service of notice of Rule on behalf of the Respondent-State of Gujarat.
Brief facts of the case:
4. As per the allegations in the FIR, upon reciving secret information officers conducted raid and discovered liquor worth Rs.26,400/- and managed to arrest the accused no.1 to 4.
Submission of the Parties:
5. Learned Advocate for the Applicant / Accused has submitted that the remand as well as the custodial interrogation is over. Further, that the applicant is not having any criminal antecedents registered against him as per the affidavit filed by the Investigating Officer. He further submitted that the applicant will be available during the course of the trial. He has therefore prayed that discretion may kindly be exercised and grant bail to the Applicant Accused.
6. Per contra, learned APP has vehemently opposed the grant of regular bail in favour of the present applicant.
Merits of the Case:
7. This court has considered the following aspects:
(a) That even if it is a prima facie case, then also as such there is no antecedent.Page 2 of 5 Downloaded on : Tue Sep 22 22:30:38 IST 2020
R/CR.MA/13502/2020 JUDGMENT (b) Further as per catena of decisions of Hon'ble Supreme
Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.
(c) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.
(d) That the Applicant Accused is in custody since 26.08.2020.
(e) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40, wherein it is held that bail is a rule and jail is an exception.
8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. The Applicant Accused - Yogeshbhai @ Yoga Madhubhai Gavint is ordered to be released on regular bail in connection with C.R. No. 11822003201173 of 2020 registered with Vansda Police Station, District Navsari on executing a personal bond of Rs.15,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.Page 3 of 5 Downloaded on : Tue Sep 22 22:30:38 IST 2020
R/CR.MA/13502/2020 JUDGMENT
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of his residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change his residence without prior permission of the trial Court.
(d) provide his contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If he does not possess passport, he shall file an Affidavit to that effect.
(h) shall maintain all the rules and regulations framed by the Municipality regarding contemporary status of corona virus/Covid-19, State Government or by any competent authority, including social distancing.
9. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
10. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if he is not required in connection with any other offence for the time being.
Page 4 of 5 Downloaded on : Tue Sep 22 22:30:38 IST 2020R/CR.MA/13502/2020 JUDGMENT
11. Rule is made absolute. The Registry is directed to communicate this order by Fax / by E-mail to the concerned Court / Authority.
(DR. ASHOKKUMAR C. JOSHI,J) Radhika Page 5 of 5 Downloaded on : Tue Sep 22 22:30:38 IST 2020