Jigarbhai Devshibhai Kawad vs State Of Gujarat

B.N. Karia, J

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR

being C.R.No. 11198035202071 of 2020 registered with Mahuva Police Station, District: Bhavnagar for the offence punishable under Sections 307,

504 and 34 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act.

Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged

on regular bail by imposing suitable conditions.

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.

Considering the facts of the case and the arguments advanced by the learned advocate for the applicant as well as learned APP for the

respondent-State it appears that the only role of the present applicant is that he had caught hold the victim and there is no allegation against the present

applicant that he had given any blow to the victim. It further appears that the entire incident had occurred because of the fact that it was the side of

complainant which was aggressive and provoked and a cross FIR is also lodged under Section 302 of the Indian Penal Code. As per the submissions

of the learned advocate for the applicant that the investigation is over and the victim is discharged from the hospital. Considering the facts that the

applicant had caught hold injured the victim, the prayer made in the application requires consideration.

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 applicant on regular bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.

11198035202071 of 2020 registered with Mahuva Police Station, District: Bhavnagar 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 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] 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 fortnightly 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 the learned Sessions Court concerned;

[g] not to enter into Bhavnagar District within a period of six months.

The Authorities will release the applicant 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 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.

Rule is made absolute to the aforesaid extent.

This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.