Parikshit vs State Of Gujarat

B.N. Karia, J

By way of the present application, the applicant has challenged the judgment and order dated 23.08.2019 passed by learned Additional Sessions Court, Rajkot in Criminal Appeal No. 210 of 2019 in connection with FIR being C.R. No. III-169 of 2019 registered with Rajkot Taluka Police Station, Rajkot for the offence punishable under Sections 65(E), 98(2), 81 and 116(B) of the Prohibition Act.

Heard learned advocate for the applicant and learned APP for the respondent-State.

It is submitted by learned advocate for the applicant that impugned judgment and order passed by learned Court-below is completely illegal, against the principles of law and evidence on record. That the applicant is innocent person and he has not committed any offence as alleged in the FIR. That his name has been falsely implicated in the alleged offence. It is further submitted that the evidence was not properly appreciated by the Court-below as well as the circumstances of the case in its true perspective. It is further submitted that the muddamal seized by the police was not belonged to the applicant. That there is no direct evidence against the applicant. Considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. It is requested by learned advocate for the applicant to quash and set aside the judgment and order dated 23.08.2019 passed by learned Additional Sessions Court, Rajkot in Criminal Appeal No. 210 of 2019 rejecting the prayer for releasing him on bail and to allow this application granting regular bail.

Learned APP appearing for the respondent-State has objected the submissions made by learned advocate for the applicant and submitted that present applicant is habitual of committing such type of illegal activities and involved in three different offences. That father of present applicant is also involved in one criminal offence and is habitual of drinking alcohol. That learned Additional Sessions Court, Rajkot has rightly rejected the prayer for releasing the applicant-accused on bail considering the seriousness of the offence as well as indulging into illegal activities of the applicant. Hence, it is requested by learned APP to dismiss the application.

Having considered the facts of the case and submissions made by learned advocate for the applicant and learned APP, it appears that on the basis of the information received by the complainant, a complaint was lodged against present applicant. It further appears that after completing the investigation, chargesheet was filed by the Investigating Agency. It further appears that no muddamal was recovered from the custody of the applicant-accused. It further appears that present applicant, being the juvenile, was under the observation of the remand home at Rajkot. Considering the facts and circumstances of present case and contents of the complaint, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail, as there is no possibility of tampering with the evidence. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, present application is allowed and prayer as sought for in Paras-5(b) and (c) of the application is granted and judgment and order dated 23.08.2019 passed by learned Additional Sessions Court, Rajkot in Criminal Appeal No. 210 of 2019 is quashed and set aside. The applicant-accused is ordered to be released on bail in connection with FIR being C.R. No. III-169 of 2019 registered with Rajkot Taluka Police Station, Rajkot on his 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 following 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 on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday 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 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.