Allowed

Zala Sidhrajsinh S/O Bhikhubha Anadubha v. State of Gujarat

Gujarat HC1 Dec 2021CR.MA/17844/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to an applicant charged with mutiny and attempt to murder offences, citing a family settlement, over-investigation, medical issues, and local residence as key factors for release.

What did the court decide?

Order allowing the application and releasing the applicant on regular bail on executing a personal bond with specified conditions.

Zala Sidhrajsinh S/O Bhikhubha Anadubha Vs State of… — Cheating and Forgery | Gujarat HC (2021)

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R/CR.MA/17844/2021 ORDER DATED: 01/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17844 of 2021

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========================================================== ZALA SIDHRAJSINH S/O BHIKHUBHA ANADUBHA

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Versus STATE OF GUJARAT

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

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Appearance:

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MR PRATIK B BAROT(3711) for the Applicant(s) No. 1 MR SADIK A ANSARI(5388) for the Respondent(s) No. 1 MR DHARMESH DEVNANI APP (2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 01/12/2021

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ORAL ORDER

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RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

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[1] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-41 of 2020 registered with Santhal Police Station, District: Mehsana for the offences under Sections 302 and 307 of Indian Penal Code and under section 135 of Gujarat Police Act.

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[2] Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[3] Learned advocate for the complainant and the 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.

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Page 1 of 4

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R/CR.MA/17844/2021 ORDER DATED: 01/12/2021

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[4] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

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[5] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra versus Central Bureau Investigation, reported in (2012) 1 SCC 40.

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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, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail.

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[7] This Court has considering the following aspects:

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(i) Settlement is arrived at between the parties and the complainant has no objection if the applicant is released on bail. The applicant accused and complainant are from the same family.

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(ii) As per the Certificate of the Jail Doctor, the applicant is patient of depressive symptoms.

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(iii) Investigation is over and chargesheet is already filed.

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(iv) The applicant is local residence and would be easily available at the time of trial.

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(v) The applicant is in custody since 17.12.2020.

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[8] In the result, 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-41 of 2020 registered with Santhal Police Station, District: Mehsana on executing a

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Page 2 of 4

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R/CR.MA/17844/2021 ORDER DATED: 01/12/2021

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personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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 India without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station once between 1^st and 5^th day of every English calendar month for a period of six months.;

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[f] furnish latest and permanent 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 this Court;

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[9] 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

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Page 3 of 4

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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.

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[10] Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned Jail Authority by Fax or Email forthwith .

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(RAJENDRA M. SAREEN,J)

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R.H. PARMAR

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Zala Sidhrajsinh S/O Bhikhubha Anadubha v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Zala Sidhrajsinh S/O Bhikhubha Anadubha v. State of Gujarat

Case brief

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What did the court decide?

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