AI Structured Summary
Not yet generated for this judgment
Judgment
S.H.Vora, J
Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
Heard learned advocate, for the applicant and learned APP, for the respondent-State.
This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 244 of 2016 with Bhaktinagar Police Station for the offences punishable under Sections 307, 326, 324, 427, 504, 450, 34 of the IPC and u/s 135(1) of the G.P. Act.
Heard and examined the papers placed for consideration in support of the submission made at bar.
Upon hearing submission, following picture emerges on record :-
(i) Charge sheet is filed.
(ii) The applicant is behind the bar since 21.12.2016.
(iii) Vide order dated 9.7.2019 passed in Criminal Misc. Application No.9496 of 2019, a liberty was reserved in favour of the applicant to file fresh bail application after statement of injured Mr. Devdanbhai is recorded. It appears that deposition of Mr. Devdanbhai is recorded below Exh.35 in Sessions Case No.41 of 2019, wherein he has deposed that the knife is inflicted by one Mr. Kana Tikit and that he has not made any allegation against the present applicant so as to infer that knife injury is inflicted by the present applicant as alleged in the FIR.
(iv) Learned APP while opposing present bail application states at bar that 24 offences are registered against the applicant. However, majority of the offences are registered under the Prohibition Act, G.P. Act and u/ s 379 of the IPC. In view of such position, the issue of pendency of other offences against the applicant becomes insignificant and irrelevant aspect to be considered, as the Court is required to consider present bail application only on the facts and circumstances of the present case.
(v) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.
(vi) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.
Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 244 of 2016 with Bhaktinagar Police Station, Rajkot city on executing a 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 the applicant 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] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
The competent authority 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 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.
Rule made absolute to the aforesaid extent. Direct service is permitted.