Rishi Gurmeet Valiya vs State Of Gujarat

B.N. Karia, J

RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

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.11196017200135 of 2020 registered with Panigate Police Station, District: Vadodara for the offence punishable under Sections 147, 323 and

302 of the Indian Penal Code.

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 by imposing suitable conditions.

Learned APP for the respondent-State has strongly objected the submissions made by learned advocate for the applicant and submitted that other co-

accused are released on bail after filing of the charge-sheet in the present case and investigation is under progress and no charge-sheet is filed against

the present applicant and the applicant is having criminal history as he is involved in three other offence registered against him, and therefore, the

ground of parity cannot be availed to the present applicant. That, serious offence is committed by the present applicant and charge under Section 302

of the Indian Penal Code is levelled against the present applicant and thus, it was requested by learned advocate for the applicant to dismiss present

application.

I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not

invite reasoned order.

Having heard learned advocate for the applicant and learned APP for the respondent-State and in the facts and circumstances of the case and

considering the nature of allegations made against the applicant in the FIR, it appears that the incident was taken place from the issue of overtaking

the vehicle ECCO car, wherein deceased was travelling on his motor cycle whereas the accused persons were travelling in their ECCO Car and

wanted over take the motor cycle. At that time, exchange of words were made therein and therefore, driver of the ECCO car got down and started

scuffle with the deceased. It appears that thereafter, other co-accused persons sitting inside the ECCO car got down from the ECCO car and given

kick and fist blow to the deceased. After they called PCR Van and they were taken to the Panigate Police Station, wherein deceased was having

chest pain and was taken to the hospital wherein doctor declared him as died. If we consider the postmortem note, particularly in Column No.17,

injuries were shown as abrasion and bruise. If we consider the opinion of the doctor for cause of death, this was initially kept pending and thereafter, it

was opined by doctor that the cause of death was cardio respiratory failure following acute coronary insufficiency due to coronary artery disease.

It is not in dispute that no weapons were used by the present applicant or has not caused any injuries to the deceased or any other part attributed to

the present applicant. Thus, considering the facts and circumstances of the present case and the manner in which the incident was taken place, prima

facie, it was sudden incident arising out quarrel in particular to the overtaking the vehicle, as no weapons were being used in the incident by the

present applicant, 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 FIR being

C.R.No.11196017200135 of 2020 registered with Panigate Police Station, District: Vadodara 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 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 fortnightly for a period of six months, between 11:00 a.m. and 2:00 p.m. till filing of the

chargesheet;

[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.

This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.