Yunusbhai Majidbhai Sama vs State Of Gujarat

Ilesh J. Vora, J

Mr. Bhunesh Rupera, learned advocate states that he has instructions to appear for and on behalf of original complainant and he will file his vakalatnama in the Registry. Registry is directed to accept the same. Mr. Bhunesh Rupera, learned advocate has placed on record the written objection on behalf of original complainant, same is taken on record.

Heard Mr. Ashish Dagli, learned advocate for the applicant, Mr. Manan Mehta, learned APP for the respondent State and Mr. Bhunesh Rupera, learned advocate for original complainant.

The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. 11198042220241 of 2022 registered with Palitana Town Police Station, Dist. Bhavnagar, for the offences punishable under Sections 143, 147, 148, 323, 506(2), 120B, 341, 342, 427, 447, 448, 450, 451 and 395 of IPC read with Section 135 of GP Act.

The applicant herein is charged with offences of wrongful restrain, criminal trespass and robbery. According to case of the prosecution, conspiracy hatched by the applicant herein to dispossess the complainant and his family members from the property referred in the FIR and to execute the criminal conspiracy, the co-accused, at the instance of the applicant herein came at the place with deadly weapons in their hand and caused the injuries to the persons with an object to vacate the premises, as a result of which, illegally dispossessed the complainant, whereby, they have committed the offence of criminal trespass and robbery.

Mr. Ashish Dagli, learned advocate appearing for the applicant states that the applicant has been falsely implicated in the alleged offence. Referring to the facts of the FIR, it is submitted that the incident was occurred on 25.03.2022, for which, FIR came to be filed on 07.04.2022, which is indicative of the fact that the applicant herein has been falsely implicated in the offence. It is submitted that earlier Civil Suit with respect to disputed property was filed and later on, on account of compromise, it was withdrawn. In this background facts, it is submitted that the applicant was not present at the scene of offence. The co-accused have been enlarged on bail. So far applicant is concerned, investigation is over and further detention is not necessary. Thus, therefore, learned counsel would urge to exercise discretion in favour of the applicant by enlarging him on bail.

Learned APP and Mr. Rupera, learned advocate for original complainant, opposing the bail application submitted that the applicant is master mind of the criminal conspiracy and at his behest, the co-accused had illegal entered in the house and caused voluntarily injuries to the witnesses and forcibly dispossessed the complainant and therefore, prima-facie case involving the applicant is made out and considering the gravity of the offence, no case is made out to enlarge him on bail.

Having carefully scrutinized the contents of the FIR and material placed on record, it appears that there is a delay of 13 days in lodging the FIR. Civil dispute is also pending between the parties, wherein, sale deed has been challenged by the father of the complainant. The co-accused have been enlarged on bail. So far applicant is concerned, substantial investigation is over. The applicant does not have any past antecedent of like nature. There is no allegation that if bail is granted, he will not remain present before the trial Court. The applicant is in custody since 08.04.2022. In view of the aforesaid facts and considering the facts and circumstances of the present case, without expressing any opinion on the merits, this court is of the view that applicant has made out a case for bail. Hence, the bail application is allowed.

Hence, the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. 11198042220241 of 2022 registered with Palitana Town Police Station, Dist. Bhavnagar, on executing a personal bond of Rs.10,000/- (Rupees Ten 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:

No.

Conditions

(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;

The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted.