Puja @ Zimmy D/O Jayantibhai Patel (Dhodiya Patel) W/O Harishbhai Natawarbhai Patel (Dhodiya Patel) vs State Of Gujarat

Nirzar S. Desai, J

Heard learned advocate Mr.Kikani for the applicant and learned Additional Public Prosecutor Mr.Sharma for the respondent – State.

By way of the present appeal under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, the applicant accused has prayed to release him on regular bail in connection with C.R.No.11210023221017 of 2022 registered with Khatodra Police Station, District Surat – Rural for the offences punishable under Sections 302, 34, 143, 147, 149, 323, 324 and 427 of the Indian Penal Code and Section 135 of G.P. Act as well as Sections 3(2)(5-a), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned advocate Mr.Barejia for the original complainant and learned APP appearing for the respondent – State vehemently oppose the application and submit that offence committed by the present applicant is under Section 302 of the IPC and, therefore, as someone has lost the life considering the fact that the same being henious offence, the present applicant may not be shown any sympathy and, therefore, she may not be granted bail as she has instigated the co-accused in commission of crime of murder. It is submitted that, the offences which have been charged are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 02.10.2022;

(ii) the investigation is over and the charge-sheet is filed;

(iii) no past antecedent is attributed to the applicant;

(iv) as per say of learned advocate Mr.Kikani, upon instructions, two juvenile accused have already been enlarged on bail by the Juvenile Board;

(v) the applicant is a lady accused and the only allegation against her is that she called the co-accused persons and so far as her role regarding instigation is concerned, it is not supported by the Investigating Officer.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the C.R.No.11210023221017 of 2022 registered with Khatodra Police Station, District Surat – Rural on executing 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;

[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 change the residence without prior permission of the trial Court;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

The Authorities will release the applicant only if the applicant 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.