Danabhai S/O Tejabhai Parmar vs State Of Gujarat

A.Y. Kogje, J

The present application is not considered qua applicant no.2 — Amratbhai S/o. Rupsibhai Parmar, at this stage. The present application stands disposed of qua applicant no.2 — Amratbhai S/o. Rupsibhai Parmar, as not considered.

This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.NO.I-66 OF 2019 with Vav Police Station, Banaskantha for the offence punishable under Sections 365, 302, 201 and 114 of the Indian Penal Code.

Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicants 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.

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 qua applicant no.1-Danabhai S/o. Tejabhai Parmar, applicant no.3-Dhengabhai S/o. Vanabhai Parmar and applicant no.4-Parbatsinh S/o. Bhamarsinh Chauhan (Darbar):​

I) The FIR is registered on 03.12.2019 for the offence which took place between 27.09.2019 and 01.10.2019.

II) The applicants are in custody since 14.10.2020.

III) Investigation is concluded, charge-sheet is filed.

IV) Submission of learned advocate for the applicants that the only roll attributed to the applicants is to bring the deceased-lady back from Rajasthan where she had eloped along with her friend, who complained about disappearance of the deceased-lady.

V) Applicant no.2-Amratbhai Rusibhai Parmar was the real brother of the deceased-lady. Applicant nos.1 and 3 were relative of the deceased‐ lady and accused no.4 was the driver of the Bolero Car. Applicant nos.1, 3 and 4 only accompanied the applicant no.2 to bring that lady. Beyond that, no role is attributed. Moreover, after bringing both girl and boy, they were produced before the concerned Police Station and girl returned back to her matrimonial home.

VI) No role prima-facie attributed qua applicant nos.1, 3 and 4.

VII) 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 applicants 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 qua present applicant nos.1, 3 and 4. The applicants i.e. applicant no.1-Danabhai S/o. Tejabhai Parmar, applicant no.3-Dhengabhai S/o. Vanabha Parmar and applicant no.4-Parbatsinh S/o Bhamarsinh Chauhan (Darbar) are ordered to be released on regular bail in connection wit C.R.NO.I-66 OF 2019 with Vav Police Station Banaskantha on executing a personal bond of Rs.10,000/​ (Rupees Ten Thousand Only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 the State of Gujarat without prior permission of the Sessions Judge concerned till completion of trial;

(e) mark presence before the concerned Police Station on alternate Monday 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 their residences 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 this Court;

The authorities will release the applicants only if they are 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 applicants on bail.

The application is allowed qua applicant no.1 Danabhai S/o. Tejabhai Parmar, applicant no.3 Dhengabhai S/o. Vanabhai Parmar and applicant no.4-Parbatsinh S/o. Bhamarsinh Chauhan (Darbar) in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct Service is permitted.