Dilipbhai Manubhai Chaudhary vs State of Gujarat

Anant S. Dave, J.—With the consent of learned Counsel for the parties, all the above applications qua the single applicant - Dilipbhai Manubhai Chaudhary are taken up together for final disposal. All these applications are filed u/s 439 of the Code of Criminal Procedure in connection with the following First Information Reports:-

(a) First Information Report registered as I-C.R. No. 1/2010 with Nizar Police Station, Tapi for the offences punishable under Sections 406, 417, 418, 468, 504, 506(2) and 114 of the Indian Penal Code.

(b) First Information Report registered as I-C.R. No. 1/2010 with Uchhal Police Station, Tapi for the offences punishable under Sections 406, 417, 418, 468, 504, 506(2) and 114 of the Indian Penal Code and

(c) First Information Report registered as I-C.R. No. 61/2011 with Vansda Police Station, Navsari for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code.

In short, the case of the prosecution qua the applicant is that in the capacity as the President of Hariom Charitable Trust (Gujarat Pradesh), the applicant by alluring people to get jobs, had issued advertisements and amounts were collected from various candidates. The applicant came to be arrested on 23.11.2012 and the investigation is on the verge of completion. However, it is noticed that so far as the First Information Report registered as I-C.R. No. 1/2010 with Uchhal Police Station, Tapi is concerned, the alleged amount collected by issuing receipts is approximately to the tune of Rs. 8,00,000/= and in other two cases namely the First Information Reports registered as I-C.R. No. 1/2010 with Nizar Police Station, Tapi and I-C.R. No. 61/2011 with Vansda Police Station, Navsari, the amount is approximately Rs. 4,00, 000/= each.

At this stage, learned Counsel for the applicant in each of the applications submits that the applicant is ready and willing to deposit an amount of Rs. 10,00,000/= (Rupees Ten Lacs Only) within two (2) weeks, from the date of his release on bail, before the concerned Court and the balance amount of Rs. 4,00,000/= (Rupees Four Lacs Only), will be deposited, within six months, thereafter without prejudice to the applicant''s rights and contentions before the appropriate forum/concerned Court and/or authority. It is further submitted that considering the above aspect, by imposing suitable conditions, the applicant may be enlarged on bail in each of the applications.

Heard the learned APP''s appearing for the respondent-State in each of the applications.

Having heard learned Counsels for the parties, perusing the records and taking into consideration the facts of the cases, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail in each of the applications.

In the facts and circumstances of the cases, all the above applications are allowed and the applicant is ordered to be released on bail in connection with the three different First Information Reports registered as:-

I-C.R. No. 1/2010 with Nizar Police Station, Tapi; I-C.R. No. 1/2010 with Uchhal Police Station, Tapi and I-C.R. No. 61/2011 with Vansda Police Station, Navsari, 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 he shall;

a) deposit an amount of Rs. 10,00,000/= (Rupees Ten Lacs Only) within two (2) weeks, from the date of his release on bail, before the concerned Court and the balance amount of Rs. 4,00,000/= (Rupees Four Lacs Only), will be deposited, within six months, thereafter, before the concerned Court;

b) shall not take undue advantage of liberty or misuse liberty;

c) not act in a manner injurious to the interest of the prosecution;

d) surrender his passport, if any, to the lower court within a week;

e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

f) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.0 0 p.m. for three months only;

g) furnish the present address of his 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;

The authorities will release the applicant only if 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.

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 is made absolute in I each of the applications. Direct Service is permitted.