Desai (Chaudhary) Jigarbhai S/O. Jagubhai @ Jagdishbhai vs State Of Gujarat

Dr. A. P. Thaker, J

[1] Heard Mr. P.V. Patadiya, learned advocate for the Applicants and Ms. Maithili Mehta, learned APP for the Respondent State through Video-

conferencing.

[2] The present applications are filed under Section 439 of the Code of Criminal Procedure by the applicant Mr. Desai (Chaudhary) Jigarbhai S/o.

Jagubhai@Jagdishbhai Vadhubhai in CR.MA No.8989 of 2020 and the applicant Mr. Chaudhary Bhikhabhai S/o. Nathubhai Virsangbhai in CR.MA

No.9063 of 2020 for regular bail in connection with common FIR being C.R.No.I-05/2020 registered with Kheralu Police Station, District: Mehsana

for the offences under Sections 302, 307, 323, 143, 147, 148, 149, 504, 506(2), 403 and 120(B) of the Indian Penal Code and Section 135 of the Gujarat

Police Act. Since the applicants in both the Applications are involved in the same offence, the FIR is same and therefore, common order is passed.

[3] Learned advocate for the applicants submit that considering the nature of allegations, role attributed to the applicants, the applicants may be

enlarged on regular bail by imposing suitable conditions.

[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and

gravity of the offence.

[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do

not invite reasoned order.

[6] 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, [2012] 1 SCC 40.

[7] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that

this is a fit case to exercise the discretion and enlarge the applicants on regular bail. Hence, the present applications are allowed and the applicants are

ordered to be released on regular bail in connection with the common FIR being C.R.No.I-05/2020 registered with Kheralu Police Station, District:

Mehsana 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

learned Trial Court and subject to the conditions that the applicants 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;

[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter,

alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent 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 this Court;

[8] The Authorities will release the applicants only if the applicants 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 learned 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, learned 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.

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

[10] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.