Hiteshbhai vs State Of Gujarat

A.J. Desai, J

So far as applicant No. 1, namely Hiteshbhai @ Hitu Dalpatbhai Makwana is concerned, learned advocate, for the applicants does not press this application and seeks permission to withdraw the present application with liberty to file appropriate application before the trial Court after filing of charge sheet. Permission, as prayed for, is granted. The present application is disposed of as withdrawn qua applicant No. 1. Rule is discharged qua applicant No. 1.

So far as applicant No. 2 namely Dipakbhai @ Dilu Chhanabhai Makwana is concerned, this application is entertained.

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No. I - 92 of 2019 with Botad Police Station for the offences punishable under Sections 302, 323, 504, 114 etc. of the IPC and under Section 135 of the G.P. Act.

Learned advocate for the applicant No. 2 submits that considering the nature of offence, the applicant No. 2 may be enlarged on regular bail by imposing suitable conditions.

The learned APP opposes the grant of bail looking to the nature and gravity of offences.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing for the parties and perused the papers of investigation.

In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant No. 2 on bail. Hence, the application is allowed and the applicant No. 2 is ordered to be released on bail in connection with C.R. No. I - 92 of 2019 with Botad Police Station 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] 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 at the concerned police station on every Monday for a period of one year and thereafter on any day of first week of alternate English Calender Month till the trial is over;

[f] furnish the present address of residence to the I.O. 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 No. 2 only if he 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 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 applicant No. 2 on bail.

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