Allowed

Aakash Vinubhai Arya v. State of Gujarat

Gujarat HC8 Oct 2021CR.MA/14949/2021

Case brief

AI extract

What is this about?

High Court of Gujarat granted regular bail to the applicant in a case involving jail escape and forgery under Sections 221, 223, 224 CrPC and sections 201 IPC, relying on mitigation of investigation.

What did the court decide?

Applicant released on regular bail with personal bond of Rs.10,000/- and one surety, subject to conditions of residence, passport surrender, and appearance before police station.

Aakash Vinubhai Arya Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/14949/2021 ORDER DATED: 08/10/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 14949 of 2021

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AAKASH VINUBHAI ARYA

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Versus STATE OF GUJARAT

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Appearance:

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MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1 MR HARDIK SONI APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 08/10/2021

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ORAL ORDER

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RULE . Mr. Hardik Soni, learned Additional Public Prosecutor waives service of rule on behalf of the respondentState.

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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 C.R. No.I11205043210460 of 2021 with ‘B’ Division Police Station, Kutch(West-Bhuj) for the offence punishable under Sections 221, 223, 224, 225, 328, 465, 468, 471, 201 of the Indian Penal Code as well as Sections 42, 43 and 45(12) of the Prisons Act.

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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

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Page 1 of 4

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R/CR.MA/14949/2021 ORDER DATED: 08/10/2021

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conditions.

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On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State 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 a further reasoned order.

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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 F.I.R. is registered on 29.03.2021 for the offence which is alleged to have taken place on 29.03.2021;

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II) The applicant is in custody since 02.04.2021;

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III) The investigation pertains to escape from the jail of one accused who is accused of serious offence under Section 302 of IPC and also offences under Section Gujarat Control of Terrorism and Organised Crime Act (GUJCTOC).

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IV) Submission of learned advocate that role attributed even as per the charge-sheet is to helping for preparing documents of medical certificate to facilitate the escape.

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V) Submission of learned advocate that other eight coaccused who had also played similar role of helping accused no.1 have been enlarged on regular bail.

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VI) The accused no.1, who had managed to escape has been now arrested and is in custody.

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VII) 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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This Court has taken into consideration the law laid down by

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the Hon'ble Apex Court in the case of Sanjay Chandra v.

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Central Bureau of Investigation reported in [2012] 1 SCC

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Page 2 of 4

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R/CR.MA/14949/2021 ORDER DATED: 08/10/2021

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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 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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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-11205043210460 of 2021 with ‘B’ Division Police Station, Kutch(West-Bhuj) 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

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(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

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(e) mark presence before the concerned Police Station once in a 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 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 Trial Court;

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Page 3 of 4

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R/CR.MA/14949/2021 ORDER DATED: 08/10/2021

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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.

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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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Radhika

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Aakash Vinubhai Arya v. State of Gujarat

Case brief

What is this about?

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Aakash Vinubhai Arya v. State of Gujarat

Case brief

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