Allowed

Pradipbhai Naranbhai Kangad v. State of Gujarat

Gujarat HC26 Mar 2021CR.MA/1055/2021

Case brief

AI extract

What is this about?

The High Court allowed an application for regular bail under Section 439 CrPC. Considering the charge-sheet was filed, investigation concluded, and no special circumstances were brought out, the court released the applicant on bail with several conditions including residence restrictions and periodic police appearance.

What did the court decide?

The applicant was ordered released on regular bail on executing a personal bond of Rs. 10,000 with one surety, subject to specific conditions including residence restrictions and police appearance.

Pradipbhai Naranbhai Kangad Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2021)

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R/CR.MA/1055/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 1055 of 2021

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PRADIPBHAI NARANBHAI KANGAD

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Versus

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STATE OF GUJARAT

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========================================================== Appearance:

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MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1 MR H K PATEL, APP (2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 26/03/2021

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ORAL ORDER

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1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as CR-I/11203030201517 /2020 with Keshod Police Station, Junagadh for the offence punishable under Sections 307 and 506(2) of the Indian Penal Code, Sections 25(1-b) (a), 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act.

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2. 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.

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3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State

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Page 1 of 4

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R/CR.MA/1055/2021 ORDER

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has opposed grant of regular bail looking to the
nature and gravity of the offence.

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

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5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

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I) The FIR is registered on 23.10.2020 for the offence which took place on 22.10.2020.

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II) The applicant is in custody since
26.10.2020.

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III) Investigation is concluded and charge-
sheet is filed.

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IV) Submission of learned advocate for the
applicant that the applicant is apprehended
merely on suspicion as the injured complainant
had married the sister of the applicant against
the wishes of the family members.

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V) The injured complainant is now discharged
from the hospital and is out of danger.

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VI) Learned Additional Public Prosecutor
under the instructions of the Investigating
Officer is unable to bring on record any
special circumstances against the applicant.

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6. This Court has 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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Page 2 of 4

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R/CR.MA/1055/2021 ORDER

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7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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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8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with CR-I/11203030201517 /2020 registered with Keshod Police Station, Junagadh 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 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 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 his residence

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Page 3 of 4

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R/CR.MA/1055/2021 ORDER

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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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9. 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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10. 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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11. 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.

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12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

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(A.Y. KOGJE, J)

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GIRISH

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Page 4 of 4

Pradipbhai Naranbhai Kangad v. State of Gujarat

Case brief

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Pradipbhai Naranbhai Kangad v. State of Gujarat

Case brief

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