Katara Anilkumar Bharatbhai vs State Of Gujarat

Ilesh J. Vora, J

The applicant, by way of this successive application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No.I-11821008200746 of 2020 registered with Dahod Rural Police Station, Dist. Dahod, for the offences punishable under Sections 406, 420 and 120B of the IPC and Section 66(d) of the Information Technology Act and Sections 13(1)(a) and 13(2) of the Prevention of Corruption Act.

It is the submission of learned counsel for the applicant that he is suffering confinement since 06.05.2021 and charge-sheet has already been filed. Hence, further detention of the applicant is unwarranted.

Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.

Having heard learned advocates appearing for the respective parties and upon perusal of the material placed on record, it appears that, the principal accused namely Mayurkumar Narsingbhai Damor has been granted bail by the Apex Court vide order dated 30.08.2022. While granting bail to the principal accused, the Apex Court has made following observations:

“The Petitioner is assailing the Order dated 15.11.2021, passed by the High Court of Gujarat at Ahmedabad, by which the High Court has rejected the application filed by the petitioner seeking grant of bail. Notice of this petition was issued to the Respondent-State of Gujarat, who have filed the affidavit opposing the grant of bail.

We have heard the learned counsel for the petitioner, learned Standing Counsel for the State of Gujarat and perused the petition papers.

Though the learned counsel for the State of Gujarat has contended that keeping in view the nature of the charge against the petitioner, the retention of the petitioner in custody is justified, it is noted that five of the accused involved in the same case have been granted bail in various other proceedings.

Further, it is also brought to our notice that certain other accused are yet to be arrested. In that view, keeping in the perspective that the investigation would take a longer period and the trail thereafter, the petitioner cannot be incarcerated at the stage of trial indefinitely in the facts arising therein more so when, the investigation against the petitioner has progressed at this stage.

In that view, the petitioner though entitled to bail, shall co-operate as and when required by the investigating agency for the further investigation, if any, in the matter and if the presence of the petitioner is required.

In addition, the trial Court shall impose appropriate conditions to secure the presence of the petitioner in the further process of investigation and trial.

Accordingly, in terms thereof, the petitioner is ordered to be released on bail.

The petition is accordingly, disposed of.”

In view of concession of bail granted to the principal accused and considering the role attributed to the present applicant, without commenting any opinion on merits of the case, this Court is of the view that the matter deserves consideration.

Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.I-11821008200746 of 2020 registered with Dahod Rural Police Station, Dist. Dahod, 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 he shall;

No.

Conditions

(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 passport, if any, to the lower court within a week;

(d)

not leave India without prior permission of the Sessions Judge concerned;

(e)

furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not

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. Direct service is permitted.