Yusufbhai Yunusbhai Ansari vs State Of Gujarat on 8 April, 2019

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Gujarat High Court

Yusufbhai Yunusbhai Ansari vs State Of Gujarat on 8 April, 2019

Bench: Vipul M. Pancholi

       R/CR.MA/6788/2019                                                ORDER



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO.                           6788 of 2019

=======================================================
              YUSUFBHAI YUNUSBHAI ANSARI
                         Versus
                   STATE OF GUJARAT
=======================================================
Appearance:
MR PARTHIV B SHAH(2678) for the Applicant(s) No. 1
MR JK SHAH APP(2) for the Respondent(s) No. 1
=======================================================

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

                           Date : 08/04/2019

                                 ORAL ORDER

1. Rule. Learned APP Mr.J.K. Shah waives service of Rule on behalf of the respondent State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I52/2002 registered with Karelibaug Police Station, Vadodara City for offence under Sections 302, 143, 147, 148, 149, 188, 323, 344, 325, 307, 337, 339, 427 and 436 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

3. 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. Learned advocate for the applicant submits that the applicant was released on bail by the concerned Court in connection with the FIR in question vide order dated 20.03.2002 on the terms Page 1 of 4 R/CR.MA/6788/2019 ORDER and conditions mentioned in the said order, however, the applicant could not remain present before the concerned trial court and, hence, the concerned Court issued nonbailable warrant against the applicant and pursuance to which, the applicant has been arrested and since 14.03.2019, the applicant is in jail and, hence, the present application has been filed.

5. Learned advocate for the applicant, under the instructions of the applicant, submits that the applicant will now remain present before the concerned trial court regularly and will also mark his presence before the concerned Police Station. He, therefore, urged that the present application may be allowed on certain terms and conditions.

6. Learned APP appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence.

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

8. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, the present application deserves to be allowed.

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I 52/2002 registered with Karelibaug Police Station, Vadodara City on executing a personal bond of Rs.10,000/ (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of Page 2 of 4 R/CR.MA/6788/2019 ORDER 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       the        India      without         prior
            permission            of         the       Sessions          Judge
            concerned;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m. till completion of trial;

[f] shall also remain present before the concerned trial court during the course of trial;

[g] 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;

10. The authorities will release the applicant 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 Page 3 of 4 R/CR.MA/6788/2019 ORDER the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

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

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J.) Gautam Page 4 of 4

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