Allowed

Ashokbhai Popatbhai Dobariya v. State of Gujarat

Gujarat HC6 Jul 2020CR.MA/6457/2020

Case brief

AI extract

What is this about?

Oral order allowing regular bail application filed by Ashokbhai Popatbhai Dobariya in connection with C.R. No. I - 12 of 2019 under various sections of IPC for cheating and criminal conspiracy, imposing personal bond and surety subject to specific undertaking conditions.

What did the court decide?

Applicant released on regular bail on personal bond of Rs.15,000 with one surety of like amount subject to specific conditions of appearance, surrender passport, and residence.

Ashokbhai Popatbhai Dobariya Vs State of Gujarat — Bail and Remand | Gujarat HC (2020)

¶1

R/CR.MA/6457/2020 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 6457 of 2020

¶4

=============================================================== ASHOKBHAI POPATBHAI DOBARIYA Versus STATE OF GUJARAT

¶5

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

¶6

Appearance:

¶7

MS RV ACHARYA(1124) for the Applicant(s) No. 1 MR R C KODEKAR APP (2) for the Respondent(s) No. 1

¶8

============================================================== CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA Date : 06/07/2020 ORAL ORDER

¶9

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

¶10

[2] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with C. R. No. I - 12 of 2019 registered with Gondal City Police Station, Rajkot (Rural) for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 120B and 34 of the Indian Penal Code.

¶11

[3] Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Learned advocate further submits that the prime accused Kalpesh and others are involved in the crime. Learned advocate also submits that the present applicant had received the amount of consideration for the sale effected to the various farmers through his account maintained in the name of the firm and he has not enriched by the aforesaid transaction except the receipt of consideration.

¶12

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

¶13

Page 1 of 3

¶14

R/CR.MA/6457/2020 ORDER

¶15

[5] I have heard learned advocates appearing on behalf of the respective parties.

¶16

[6] In the facts and circumstances of the case and taking into consideration (i) submissions of learned advocate for the applicant (ii) the applicant is in jail for about last seven months and (iii) other similarly situated accused have already been granted bail, 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 C. R. No. I - 12 of 2019 registered with Gondal City Police Station, Rajkot (Rural) 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;

¶17

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

¶18

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

¶19

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

¶20

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

¶21

[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.;

¶22

[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;

¶23

[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

¶24

Page 2 of 3

¶25

R/CR.MA/6457/2020 ORDER

¶26

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.

¶27

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

¶28

(R.P.DHOLARIA, J)

¶29

TAUSIF SAIYED/chandrashekhar

¶30

Page 3 of 3

Ashokbhai Popatbhai Dobariya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Ashokbhai Popatbhai Dobariya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhabhlubhai Jilubhai Khachar through Valkuben Jilubhai Khachar Vs State of Gujarat

Dhanabhai Rupsinh Bhilala Vs State of Gujarat

Karodiya Salim Yakub Thro Karodiya Yakub Yusuf Vs State of Gujarat

Mochi Rupeshkumar Dasrathlal Vs State of Gujarat

Udaji Cheharji Thakor Vs State of Gujarat

Jivabhai Nagjibhai Rabari Vs State of Gujarat