Gujarat High Court
Ajaykumar Rajendrabhai Kalbeliya vs State Of Gujarat on 28 February, 2024
NEUTRAL CITATION
R/CR.MA/3937/2024 ORDER DATED: 28/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 3937
of 2024
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AJAYKUMAR RAJENDRABHAI KALBELIYA
Versus
STATE OF GUJARAT
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Appearance:
MANAN V PATEL(8059) for the Applicant(s) No. 1
MR HK PATEL, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 28/02/2024
ORAL ORDER
Rule. Learned APP waives service for the Respondent-State.
1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as I C.R. No. 11188010240063 of 2024 with Shamlaji Police Station, District: Arvalli, under Sections 279 and 427 of the IPC, Sections 177 and 184 of the M.V. Act and Section 65(A) and 65(E) of the Prohibition Act.
2. Learned advocate for the petitioner submits that considering the nature of allegations, role attributed to the petitioner, the petitioner may be enlarged on anticipatory bail by imposing suitable conditions.
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3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
4. Heard the learned Advocates for the respective parties and perused the papers.
5. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon'ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are
(i) whether there is any prima facie or reasonable ground to believe that the accused has committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. Though, at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, I have, prima facie, considered the following aspects.
(1) The petitioner has no criminal antecedents;
Page 2 of 5 Downloaded on : Wed Feb 28 20:48:02 IST 2024NEUTRAL CITATION R/CR.MA/3937/2024 ORDER DATED: 28/02/2024 undefined (2) There is nothing to be recovered or discovered from the petitioner;
(3) The offences alleged against the present petitioner, on successful conviction, do not entail the punishment of more than seven years' imprisonment;
(4) The petitioner is the permanent resident of the State of Gujarat and hence, there is no flight risk and he is also ready and willing to cooperate with the investigation;
6. Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to exercise discretion in favour of the petitioner.
7. This Court while exercising discretion in favour of the petitioner has taken into consideration the law laid down by the Apex Court in the case of 'Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors.', reported in (2011) 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the the case of 'Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab', reported in (1980) 2 SCC 665. This Court has also Page 3 of 5 Downloaded on : Wed Feb 28 20:48:02 IST 2024 NEUTRAL CITATION R/CR.MA/3937/2024 ORDER DATED: 28/02/2024 undefined taken into consideration the law laid down in the case of 'Sushila Agarwal v/s. State (NCT of Delhi', reported in (2020) 5 SCC 1.
8. In the result, the present petition is ALLOWED by directing that in the event of applicant herein being arrested pursuant to FIR registered as I C.R. No. 11188010240063 of 2024 with Shamlaji Police Station, District: Arvalli, the petitioner shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of like amount on the following conditions that the petitioner :
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 12th & 13th March, 2024, between 10.00 a.m. and 4.00 p.m.;
(c) shall 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 to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the Page 4 of 5 Downloaded on : Wed Feb 28 20:48:02 IST 2024 NEUTRAL CITATION R/CR.MA/3937/2024 ORDER DATED: 28/02/2024 undefined police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week;
9. If breach of any of the above conditions is committed by the petitioner, the concerned learned Judge will be free to take appropriate action in the matter. 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 time of trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while granting the petitioner on bail. Direct service is permitted. Rule is made absolute, accordingly.
(J. C. DOSHI,J) UMESH/-
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