Jaydeepsinh S/O Mahendrasinh @ ... vs State Of Gujarat
2023 Latest Caselaw 2029 Guj

     R/CR.MA/2762/2023                              ORDER DATED: 03/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 2762 of 2023
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     JAYDEEPSINH S/O MAHENDRASINH @ ISHVARSINH VERAJI GOL
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR. R. K. RAJPUT(6988) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                Date : 03/03/2023

                                 ORAL ORDER

1. Heard learned advocate Mr.Rajput for the applicant and learned Additional Public Prosecutor Mr.Ronak Raval for the respondent - State.

2. By this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.I- 11191008220478 of 2022 registered with Chandkheda Police Station, Dist.Ahmedabad for offences punishable under Sections 365, 364(A), 384, 341, 323, 294(b), 506(2) and 120(B) of the Indian Penal Code and section 25(1)(b)(a) and 29 of the Arms Act and Section 135 (1) of the Gujarat Police Act.

3.1 Learned advocate Mr.Rajput submitted that after the earlier bail application was withdraw before this Court being Criminal Miscellaneous Application No.14688 of

R/CR.MA/2762/2023 ORDER DATED: 03/03/2023

2022 vide order dated 27.09.2022, all other co-accused persons have been enlarged on bail vide various orders produced along with the present application from Page Nos.79 to 100 of this application, which could not be disputed by learned Additional Public Prosecutor appearing for the respondent -State.

3.2 Learned advocate Mr.Rajput also submitted that even the main accused has also been enlarged on bail after the earlier bail application of the present application was withdrawn.

4. On the other hand, learned APP appearing for the respondent - State vehemently opposed the present application.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) applicant is in jail since 09.06.2022;

(ii) the trial is likely to take its own time;

(iii) no past antecedent is attributed to the present applicant; and

R/CR.MA/2762/2023 ORDER DATED: 03/03/2023

(iv) other co-accused including the main accused have already been enlarged on bail vide various separate orders, either by this Court or by the trial Court, the details of such orders are as under:

(a) order dated 27.09.2022 passed by this Court in Criminal Miscellaneous Application No.15776 of 2022;

(b) order dated 25.11.2022 passed by this Court in Criminal Miscellaneous Application No.21678 of 2022;

(c) order dated 07.12.2022 passed by this Court in Criminal Miscellaneous Application No.22063 of 2022;

(d) order dated 16.12.2022 passed by this Court in Criminal Miscellaneous Application No.22952 of 2022;

(e) judgment dated 19.12.2022 passed by the Sessions Court in Criminal Miscellaneous Application No.1579 of 2022; and

(f) order dated 13.01.2023 passed by this Court

R/CR.MA/2762/2023 ORDER DATED: 03/03/2023

in Criminal Miscellaneous Application No.467 of

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.I- 11191008220478 of 2022 registered with Chandkheda Police Station, Dist.Ahmedabad on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries 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 Sessions Judge concerned;

[e] furnish latest address of residence to the

R/CR.MA/2762/2023 ORDER DATED: 03/03/2023

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 the trial Court;

[f] applicant is directed to mark his presence before the concerned police station on 1 st and 15th day of every month, by supplying his permanent address, till the completion of trial;

7. The Authorities will release the applicant only if the applicant 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 learned 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. At the trial, learned 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. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(NIRZAR S. DESAI,J) MISHRA AMIT V.