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Judgment
A.Y. Kogje, J
This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-11191007211957 of 2021 with BAPUNAGAR POLICE STATION, AHMEDABAD CITY for the offence punishable under Sections 3(1)(i), 3(1)(ii), 3(2), 3(3), 3(4), 3(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.
Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He submitted that the co-accused persons who have enlarged on temporary bail, have absconded and are still absconding. Hence, it will be difficult to procure the presence of the applicant also during the course of trial.
In rejoinder, learned advocate for the applicant has drawn attention of this Court to the order dated 23-08-2022 passed in Criminal Misc. Application No.14746 of 2022 and submitted that the applicant was enlarged on temporary bail, but has shown his bonafide by surrendering in time and attending the trial.
Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The F.I.R. is registered on 18-09-2021 for the offence which is alleged to have taken place on 18-09-2021;
II) The applicant is in custody since 06-10-2021;
III) Investigation is concluded and charge-sheet is filed;
IV) Learned Advocate for the applicant submitted that the applicant has been arraigned as an accused in the GUJCTOC offence by invoking provisions of GUJCTOC Act and for that purpose, six offences has been cited against the applicant. However, in so far as six offences are concerned, one offence is already quashed and in one offence, the applicant has been acquitted, whereas, in another two offences, the applicant has not being named in the FIR as an accused nor his name is reflected in the charge-sheet.
V) Learned Advocate for the applicant therefore submitted that involvement of the applicant in majority of the offences is subsequent Act and though they were not initially named in the FIR for the first charge-sheet so as to attract the provision of GUJCTOC Act, his name is involved in the supplementary charge-sheet filed in connection with two offences, both at Nikol Police Station.
VI) Learned Advocate for the applicant submitted that there is no other allegations of the applicant having operated along with the Gang against whom the provision of GUJCTOC Act are invoked except for one offence of Bapunagar Police Station. There also involvement of the applicant is not made out on the basis of evidence.
VII) In view of the fact that one of the constituent offence has been quashed by this Court by order dated 09-02-2021 passed in Criminal Misc. Application No.18897 of 2020 and in another constituent offence being Criminal Case No.11294 of 2017, the applicant stood acquitted.
VIII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-11191007211957 of 2021 with BAPUNAGAR POLICE STATION, AHMEDABAD 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 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave Ahmedabad without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court;
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 the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
At the trial, the 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.
12.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.