Bachubhai Bhailabhai Vadi vs State Of Gujarat

Gita Gopi , J

Rule. Learned APP waives service of notice of Rule on behalf of respondent - State.

This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I-C.R. No.125 of 2020 registered with Limkheda Police Station, District Dahod for offences punishable under sections 302 of IPC.

Learned advocate for the applicant submitted that the death caused due to spleen injury and it was normal altercation between them. He submitted that during the scuffle, the deceased was pushed and therefore got injury by a corner of the front-yard platform (Ota) and thus there is no direct cause of any assault. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

Mr. Pranav Trivedi, learned Additional Public Prosecutor, referring to the statement of Kalubhai Bhailalbhai submitted that the injury was caused by fall at front-yard platform (Ota) and assault by the accused and due to sudden cardio respiratory arrest, the injured succumbed to death. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

Heard learned advocates on both the sides and perused the material on record. Taking into consideration the P.M. Report and the statement of the Kalubhai, that the cause of death is due to sudden cardio respiratory arrest and heavy injury to vital organs, spleen and injury to thoracic cage and blood loss, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-C.R. No.125 of 2020 registered with Limkheda Police Station, District Dahod on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 the concerned trial court;

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.