Dineshbhai Fuljibhai Charpot vs State Of Gujarat

Nirzar S. Desai, J

Learned advocate Mr. Raxit Dholakia for the applicant seeks permission to withdraw this application qua applicant No. 1 namely Dineshbhai

Fuljibhai Charpot with liberty to file a fresh application before this Court after a period of one year. Accordingly, present application stands disposed of

as withdrawn with above liberty. Rule is discharged qua applicant No.1.

Present application is considered qua applicant No. 2 namely Shivrajbhai Dineshbhai Charpot.

Heard learned advocate Mr. Raxit Dholakia for the applicant and learned Additional Public Prosecutor Mr. Himanshu Patel for the respondent â€

State.

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR

registered at C.R.No.11821048210419 of 2021 with Sukhsar Police Station, District:- Dahod for the offence punishable under Sections 302, 323 and

114 of the IPC and under Section 135 of the G.P.Act.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore,

looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and

conditions.

On the other hand, learned APP appearing for the respondent â€" State opposed grant of regular bail looking to the nature and gravity of the

offence.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be

exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

i. Investigation is over and charge-sheet is filed.

ii. The applicant is in jail since 26.08.2021.

iii. Mr. Raxit Dholakia, learned advocate, as per the FIR, states that on running motor cycle a stick blow, which was given on the head of the

deceased was given by applicant No.1.

iv. Mr. Raxit Dholakia, learned advocate, further points out from the statement of eye witness namely Shivani dated 25.08.2021 that in that statement

she did not state that the blow on head was given by applicant no. 2 and she improved her statement subsequently on 28.08.2021.

v. There are no other past antecedents against the applicant.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the

discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in

connection with FIR registered at C.R.No.11821048210419 of 2021 with Sukhsar Police Station, District:- Dahod on executing 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 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 to leave the Gujarat without prior permission of the Sessions Judge concerned;

[d] surrender passport, if any, to the lower court within a week;

[e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution

of the bond and shall not change the residence without prior permission of the Sessions Court concerned;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

[g] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

The Authorities 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 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 applicant on bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct service is permitted.