Allowed

Vijaybhai S/O Shriaadhya Ray v. State of Gujarat

Gujarat HC7 Jul 2020CR.MA/2720/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a bail application filed under Section 439 CrPC. Considering the circumstantial evidence, lack of antecedents, and that the prime accused was already on bail, the court released the applicant on regular bail subject to bond and specific conditions.

What did the court decide?

Applicant enlarged on regular bail on personal bond of Rs. 15,000/- with one surety of like amount subject to conditions.

Vijaybhai S/O Shriaadhya Ray Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2020)

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R/CR.MA/2720/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2720 of 2020

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VIJAYBHAI S/O SHRIAADHYA RAY

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Versus STATE OF GUJARAT

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Appearance:

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MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR.R.C.KODEKAR APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA

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Date : 07/07/2020 ORAL ORDER

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[1] Heard learned advocates for the respective parties through video conferencing.

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[2] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I-99 of 2018 registered with Rajkot Taluka Police Station, Rajkot for the offence punishable under Sections 302, 504, 120(B), 201, 114 of the Indian Penal Code.

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[3] Learned advocate appearing on behalf of the applicant through video conferencing submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State through video conferencing has opposed grant of regular bail looking to the nature and gravity of the offence.

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[5] Having heard the learned advocates for the parties and

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Page 1 of 3

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R/CR.MA/2720/2020 ORDER

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taking into consideration that (i) after conclusion of investigation, chargesheet has already been filed; (ii) the prime accused has already been enlarged on bail by the Co-ordinate Bench on 03.10.2019 holding in para 5 that (I) The Fir is is registered on 06.09.2018 for the offence which is alleged to have taken place on 03.09.2018 to 05.09.2018;(II) The applicant is in custody since 06.09.2018; (III) Investigation is concluded and charge-sheet is filed;(IV) Submission of the learned Advocate for the applicant that it is the case of circumstantial evidence. Only circumstance connecting to the applicant is the deceased having received last call and car of the applicant was found in CCTV footage near the house of the applicant himself, but at odd hours of the night; (V) No antecedents are reported against the applicant; (VI) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant; (iii) the additional factor discovery of rope is emerging out but it may be result of the criminal conspiracy between the prime accused and the victim-deceased as he was having alleged to have illicit relationship with the victim - deceased (iv) the incident occurred in the house of prime accused.

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[6] In the facts and circumstances of the case and considering the nature of 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. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I-99 of 2018 registered with Rajkot Taluka Police Station, Rajkot on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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;

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Page 2 of 3

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R/CR.MA/2720/2020 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 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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[d] not leave India without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10:00 a.m. and 2:00 p.m.;

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[f] 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;

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[7] 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.

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[8] Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.

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(R.P.DHOLARIA, J)

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CAROLINE/MANOJ

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Vijaybhai S/O Shriaadhya Ray v. State of Gujarat

Case brief

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Vijaybhai S/O Shriaadhya Ray v. State of Gujarat

Case brief

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