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Judgment
Ashutosh J. Shastri, J
RULE. Mr. J.K. Shah, learned Additional Public Prosecutor waives service of rule on behalf of the respondent â€" State.
The present application under Section 439 of the Code of Criminal Procedure is filed for regular bail in connection with FIR being C.R. No.
11191065200187 of 2020 registered with Narol Police Station for the offences punishable under Sections 307, 324, 294(a) and 114 of the Indian Penal
Code as well as under Section 135 of the Gujarat Police Act.
Mr.S.D. Mansuri, learned advocate for the applicant has submitted that the applicant is an innocent person, wrongly been arraigned in prosecution.
Learned advocate for the applicant has further submitted that other co-accused person named as Akbar has been on the contrary released on
anticipatory bail and as such, the case of the applicant be considered. Apart from that, the applicant is having no enmity with the victim, in fact, the
victim was already discharged from the hospital on the very second day of the incident and is at present stated to be out of danger. The applicant is
not having any criminal antecedent and is prepared to abide by any of the conditions including the condition to remain outside Ahmedabad since trial is
over. Hence, the learned advocate for the applicant states that the request of the applicant may kindly be considered for release of regular bail.
As against this, Mr. J.K. Shah, learned Additional Public Prosecutor for the respondent â€" State has submitted that the applicant is arraigned in
serious offence as alleged in the complaint, looking to the role played by the applicant and the applicant is not in a position to claim any innocence and
as such no leniency be shown to the applicant. However, Mr. Shah, learned Additional Public Prosecutor could not withstand to the circumstance that
another co-accused Akbar has been enlarged on anticipatory bail and further there are no criminal antecedents and hence, left it to the discretion of
the Court.
Having heard the learned advocates appearing for the respective parties and having gone through the material on record, undisputedly, it has not
been pointed out to the Court that there are no criminal antecedent against the applicant and it is undisputedly visible from the record that another co-
accused is acceded on anticipatory bail. Apart from that the victim is already discharged from hospital on the very next date and is out of danger.
Therefore, particularly, when the applicant is ready and willing to remain away from Ahmedabad City, a case is made out for grant of regular bail.
Hence, the Court is inclined to consider the request for release on regular bail. So without much discussing the evidence at length, the present
application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11191065200187 of 2020
registered with Narol Police Station on his executing personal bond of Rs.10,000/ (Rupees Ten Thousand only) with one surety of the like amount to
the satisfaction of the 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 injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the Sessions Judge concerned;
[e] shall remain outside Ahmedabad City till the trial is over and shall furnish fresh address to the concerned Investigating Officer and shall mark
presence before the nearest Police Station, from his new address, between 1st to 10th day of every English calendar month for a period of six months
between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present 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 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, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
Rule is made absolute to the aforesaid extent.
The Registry is directed to communicate this order by Email/ FAX to the concerned trial Court,