Allowed

Bachubhai Nolkabhai Vasava v. State of Gujarat

Gujarat HC2 Nov 2020CR.MA/15420/2020

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court of Gujarat granted regular bail to the 66-year-old applicant facing charges of rape and cheating. The court considered the investigation completion, age of the accused, and lack of evidence pressed by the accused as grounds for discretion.

What did the court decide?

The applicant is released on regular bail on a personal bond of Rs.10,000/- with one surety of the like amount, subject to conditions including appearance at police station and non-export.

Bachubhai Nolkabhai Vasava Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2020)

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R/CR.MA/15420/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 15420 of 2020

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BACHUBHAI NOLKABHAI VASAVA

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Versus
STATE OF GUJARAT

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=======================================================

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Appearance:

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MR KRUTARTH K DESAI(9662) for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

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Date : 02/11/2020

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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 FIR being C.R. No.11199009200399 of 2020 registered with Umalla Police Station, District Bharuch, for offence under Sections 376(2)(n), 376(2)(f), 504 and 506(2) of the Indian Penal Code.

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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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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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Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

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Having heard the learned advocates for the parties and perusing the material placed on record and

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Page 1 of 4

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R/CR.MA/15420/2020 ORDER

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taking into consideration the facts of the case,
nature of allegations, gravity of offences, role
attributed to the accused, without discussing the
evidence in detail, 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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This Court has considered following aspects,

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(a) the applicant is aged about 66 years. He is in Jail since 24.07.2020;

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(b) investigation is over and now, the chargesheet is filed;

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(c) it is submitted that the applicant is falsely implicated in the alleged incident;

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(d) The applicant is the father-in-law of the original first informant;

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(e) I have considered the submissions canvassed by the learned advocate for the applicant; Looking to the facts and circumstances of the

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present case, I am inclined to consider the case of 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 Vs. Central Bureau of Investigation , reported in [2012] 1 SCC 40 .

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11199009200399 of 2020 registered with Umalla Police Station, District Bharuch, 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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Page 2 of 4

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R/CR.MA/15420/2020 ORDER

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

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[b] not act in a manner injurious 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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[d] not leave the India without prior permission of the concerned trial court;

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[e] mark presence before the concerned Police Station between 1^st to 10^th day 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 the concerned trial court;

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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.

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At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

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Page 3 of 4

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R/CR.MA/15420/2020 ORDER

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Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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(VIPUL M. PANCHOLI, J)

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SRILATHA

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Page 4 of 4

Bachubhai Nolkabhai Vasava v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Bachubhai Nolkabhai Vasava v. State of Gujarat

Case brief

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What did the court decide?

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