Minor Himmat @ Hemu @ Batlo Bharatbhai Vaghela Through Bharatbhai Khodhabhai Vaghela 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. I- 0066 of 2019 registered with Vadodara City Police Station, District: Vadodara for the offence punishable under Sections 302, 307, 114 and

120(b) of the Indian Penal Code and Section 135 of the G.P. 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 as the applicant is juvenile. Learned advocate for the applicant further submits that co-accused Bharrgav @ Guddu Babubhai Rava has

been released on regular bail by this Court (Coram: Hon'ble Mr. Justice A.J. Desai) vide order dated 30.07.2020 in Criminal Misc. Application No.

9778 of 2020; co-accused Dipakbhai Somabhai Makwana has been released on regular bail by this Court (Coram: Hon'ble The Chief Justice Mr.

Vikram Nath) vide order dated 03.06.2020 in Criminal Misc. Application No. 7587 of 2020, co-accused Rahul Jagdishbhai Rathod has been released

on regular bail by this Court (Coram: Hon'ble Mr.Justice Vipul M. Pancholi) vide order dated 27.07.2020 in Criminal Misc. Application No. 8584 of

2020, thus on the ground of parity, the present applicant may be released on bail. Learned APP for the respondent-State has strongly objected the

submissions made by learned advocate for the applicant and submitted that prima facie involvement of the present applicant is established by the

prosecution. She further submits that criminal conspiracy was hatched by the present applicant along with co-accused and deceased was caught from

the neck by the present applicant and thereafter, other co- accused caused serious injuries to the deceased by weapons like Sword and gupti. She

further submits that the statements of the prosecution witnesses are recorded by the prosecution wherein also the name of the present applicant was

found, as he was present at the scene of offence and in the TI parade also, present applicant was identified by the witnesses, and therefore,

considering the gravity of the offence, no discretion can be exercised in favour of the present applicant by releasing him on bail.

Considering the submissions made by learned advocate for the applicant and learned APP for the respondent-State, it appears that the present

applicant was a minor at the time of commission of offence and name of the present applicant was not disclosed in the complaint from the beginning.

At first time his name was disclosed on 29.09.2019. Investigation is completed by investigating officer. AS per the prosecution case, the present

applicant caught the deceased from the back side and other co-accused assaulted with weapons of sword and gupti and he was injured. It is nowhere

stated by the prosecution that any weapon was used by the present applicant or any injury was caused by him to the deceased. Other co- accused

having identical role played in the commission of offence are already released on bail by coordinate bench of this Court.

In the facts and circumstances of the case and considering the fact that the nature of allegations made against the applicant in the FIR as well as

considering the ground of parity, as the co-accused of this offence have been released on bail by this Court, 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. I- 0066

of 2019 registered with Vadodara City Police Station, District: Vadodara 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] 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 this Court;

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 (Child Observation home at Vadodara) by the registry as well as learned

Sessions Court concerned.

Custody of applicant shall be handed over to his father namely Bharatbhai Khodhabhai Vaghela.