Bhagubhai Naranbhai Haren & Anr vs State Of Gujarat

M. K. Thakker, J

Rule. Learned APP Ms. Asmita Patel waives service of Rule on behalf of the respondent State.

Mr.Popat, learned advocate appearing on behalf of the applicants does not press this application qua applicant No.1. Hence, the present application is disposed of as not pressed qua applicant No.1. Rule is discharged qua applicant No.1.

Applicant No.1 is at liberty to file fresh application after filing of the charge-sheet.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail before filing of the charge-sheet in connection with FIR being CR No. 11203037240156 of 2024 registered with Manavadar Police Station, Junagadh for offence under Sections 323, 324, 325, 326, 452, 504, 506(2) and 114 of the IPC read with Section 135 of the GP Act.

Learned Advocate Mr.Popat appearing on behalf of the applicants submits that considering the nature of the offence, the applicant No.2 may be enlarged on regular bail by imposing suitable conditions.

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

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

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused as well as on considering the following aspects this Court is inclined to grant regular bail to the applicant No.2.

(a) no assault is made on the vital part of the body and the assault made on the backside body of the complainant by the applicant;

(b) No antecedent is reported against the applicant No.2;

(c) Complainant was discharged from the hospital;

In the facts and circumstances of the present case, this Court is inclined to consider the case of the applicant No.2.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant No.2 is ordered to be released on regular bail in connection with FIR being CR No. 11203037240156 of 2024 registered with Manavadar Police Station, Junagadh, 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 his passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court;

[e] mark his 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.;

[f] 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 will release the applicant No.2 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted.