Allowed

Dipakkumar Omprakash Gupta v. the State of Gujarat

Gujarat HC10 Aug 2018CR.MA/13089/2018

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to the petitioner under Section 439 CrPC in connection with offences punishable under Sections 397, 392, 506(2) IPC read with 114 IPC and Section 135 GC Police Act. The court imposed standard conditions including bond with surety, passport surrender, and police appearance.

What did the court decide?

Petitioner released on regular bail on personal bond of Rs. 10,000 with one surety of like amount subject to conditions.

Dipakkumar Omprakash Gupta Vs the State of Gujarat — Cheating and Forgery | Gujarat HC (2018)

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R/CR.MA/13089/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 13089 of 2018

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DIPAKKUMAR OMPRAKASH GUPTA

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Versus

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THE STATE OF GUJARAT

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Appearance:

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MR MOHAMADZAID I SAIYED(8411) for the PETITIONER(s) No. 1 MR M.NISAR VAIDHYA(3386) for the PETITIONER(s) No. 1 MR RAKESH PATEL, APP (2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

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Date : 10/08/2018

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ORAL ORDER

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The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Mehsana City B-Division Police Station, Mehsana, vide I-C.R.No.03 of 2018, for the offences punishable under Sections 397, 392, 506(2) read with Section 114 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.

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The learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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The learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

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Page 1 of 3

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R/CR.MA/13089/2018 ORDER

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The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

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I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant.

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This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

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In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie , this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

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Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the Mehsana City B-Division Police Station, Mehsana, vide I- C.R.No.03 of 2018, 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 trial Court and subject to the conditions that he shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injuries to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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Page 2 of 3

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R/CR.MA/13089/2018 ORDER

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[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

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[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.

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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.

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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.

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At the trial, the 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.

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(J.B.PARDIWALA, J.)

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/MOINUDDIN

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Page 3 of 3

Dipakkumar Omprakash Gupta v. the State of Gujarat

Case brief

What is this about?

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Dipakkumar Omprakash Gupta v. the State of Gujarat

Case brief

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