Devanbhai @ Deep Prakashbhai Kariya vs State Of Gujarat

Dr. A. P. Thaker, J

[1] Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent â€" State through Video Conferencing.

[2] RULE. Learned Additional Public Prosecutor waives service of notice of rule for respondent â€" State.

[3] With the consent of the learned advocates for both the sides, rule is fixed forthwith.

[4] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I â€

11191040201139 of 2020 registered with Airport Police Station, District: Ahmedabad for the offences punishable under Sections 408, 420, 465, 467,

468 and 114 of the Indian Penal Code.

[5] Learned advocate appearing for the applicants submits that no specific role attributed to the present applicants. He has submitted that the role

attributed to the present applicants are regarding sale and purchase of the car. While referring to the FIR, he has submitted that everything was

carried out by one Hardik and as per the FIR, car has already been recovered and the role of the present applicants are not serious one and there is

no criminal antecedents against the applicants. He further submits that considering the nature of evidence, role attributed to the applicants and

punishment prescribed, this application for bail may kindly be considered and the applicants may be released on bail on stringent conditions.

[6] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail on the grounds that

considering the nature and gravity of the offence. She has submitted that they have played active role in the alleged crime and, therefore, the present

application may be rejected.

[7] Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role

attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicants.

[8] This Court has considered following aspects;

(i) That the age of the applicants;

(ii) The fact that the accused are in jail since 09.07.2020;

(iii) That there is no any criminal antecedent against the applicants;

[9] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of

Investigation, (2012) 1 SCC 40;

[10] In the result, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an FIR being

C.R.No.I â€" 11191040201139 of 2020 registered with Airport Police Station, District: Ahmedabad, on executing a personal bond of Rs.10,000/- each

(Rupees Ten Thousands Only) with one local surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;

[c] surrender their passports, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the concerned Trial Court;

[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every

English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

[f] furnish latest addresses 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 Trial Court;

[11] 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be

executed before the Trial 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. Rule is made absolute accordingly.

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

advocate for the applicants is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable

electronic mode.