Kasambhai Iqbalbhai Kumbhiya vs State Of Gujarat on 8 October, 2021

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Gujarat High Court

Kasambhai Iqbalbhai Kumbhiya vs State Of Gujarat on 8 October, 2021

Bench: Umesh A. Trivedi

       R/CR.A/1276/2021                                ORDER DATED: 08/10/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CRIMINAL APPEAL NO. 1276 of 2021

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                           KASAMBHAI IQBALBHAI KUMBHIYA
                                       Versus
                                STATE OF GUJARAT
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Appearance:
MR NM PATEL(6042) for the Appellant(s) No. 1
MR.RAJESH B SONI(2632) for the Appellant(s) No. 1
NOTICE SERVED THRU CONCERNED POLICE STN for the
Opponent(s)/Respondent(s) No. 2
MS C. M. SHAH, APP for the Opponent(s)/Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                   Date : 08/10/2021
                                    ORAL ORDER

1. Endorsement on the cause-list shows that the notice to the respondent no.2 is served through the concerned police station. While admitting the appeal and issuing notice to respondent no.2 it was made returnable on 21.09.2021, however at the relevant time, since there is no appearance on behalf of respondent no.2, it was again adjourned to 30.09.2021 and thereafter till today. Despite that respondent no.2- original first informant has chosen not to appear nor engage any advocate on her behalf.

2. This appeal is filed under section 14A of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') praying for regular bail in connection with the offence being FIR No.11208003213727/ 2021 registered with Gandhigram 2 University Police Station, Page 1 of 4 Downloaded on : Sat Oct 09 05:12:43 IST 2021 R/CR.A/1276/2021 ORDER DATED: 08/10/2021 Rajkot, for the alleged offences punishable under section 354D of the Indian Penal Code as also under sections 3(1)(r) and 3(2) (va) of 'the Act'.

3. Mr. Rajesh Soni, learned advocate for the appellant submitted that the offence alleged against the appellant is maximum punishable with 3 years of imprisonment. The appellant is in custody since last about two months by now. He has further submitted that the investigation is over and charge-sheet is filed, therefore 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. Ms. C. M. Shah, learned APP appearing on behalf of the respondent-State submitted that on conclusion of investigation, charge-sheet is filed against the accused- appellant, the appeal may be dismissed, when there is allegation of stalking under section 354D of the Indian Penal Code, his prayer for regular bail be denied to him.

5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. However considering the fact that the offence alleged against the appellant is maximum punishable with three years and the appellant is in custody since about two months by now. The investigation is over and charge-sheet is filed, I see no reason to deny regular bail to the present appellant post Page 2 of 4 Downloaded on : Sat Oct 09 05:12:43 IST 2021 R/CR.A/1276/2021 ORDER DATED: 08/10/2021 submission of charge-sheet.

7. Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being No.11208003213727/ 2021 registered with Gandhigram 2 University Police Station, Rajkot, in connection with the offences punishable under section 354D of the Indian Penal Code as also under sections 3(1)(r) and 3(2) (va) of 'the Act' 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 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 passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned Trial Court;

[e] furnish the present 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;

Page 3 of 4 Downloaded on : Sat Oct 09 05:12:43 IST 2021

R/CR.A/1276/2021 ORDER DATED: 08/10/2021

8. The authorities will release the appellant 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. 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, in accordance with law.

9. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

10. Direct service is permitted.

(UMESH A. TRIVEDI, J) MEHUL Page 4 of 4 Downloaded on : Sat Oct 09 05:12:43 IST 2021

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