Mukesh @ Nani Arjunbhai Kalidas Bhil vs State Of Gujarat

R.P.Dholaria, J

[1] Rule. Learned APP waives service of notice of rule for and on behalf of respondent-State.

[2] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I-

1111040200221 of 2020 registered with Sardarnagar Police Station, Ahmedabad for the offence punishable under Sections 302, 324, 114, 120-B, 201

of the Indian Penal Code and section 135(1) of the GP Act.

[3] Learned advocate appearing on behalf of the applicant through video conferencing submits that considering the nature of offence, the applicant

may be enlarged on regular bail by imposing suitable conditions.

[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State through video conferencing has opposed grant of regular bail

looking to the nature and gravity of the offence.

[5] Having heard the learned advocates for the parties and taking into consideration that (i) after conclusion of investigation, chargesheet has already

been filed and (ii) that the present applicant came at the scene of incident later on after occurrence of incident and he has facilitated in carrying the

accused in his rickshaw and also in his presence, sim card came to be destroyed; to that extent his role is revealing.

[6] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, without discussing the

evidence in detail, prima facie, this Court is 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 offence being C.R.No.I-

1111040200221 of 2020 registered with Sardarnagar Police Station, Ahmedabad on executing a personal bond of Rs.15,000/- (Rupees Fifteen

thousands only) with one surety of the like amount to the satisfaction of the learned 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 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] mark presence before the concerned Police Station on 17.8.2020 and 18.8.2020 between 10:00 a.m. and 2:00 p.m.;

[f] 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 change the

residence without prior permission of the trial Court;

[7] 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.

[8] Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.