Allowed

Pareshbhai @ Bhaylo S/O Arvindbhai Ramabhai Thakore v. State of Gujarat

Gujarat HC20 Dec 2021CR.MA/17930/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous application for regular bail, the High Court of Gujarat, considered the facts including the conclusion of investigation and absence of flight risk, and enlarged the applicant on bail with conditions.

What did the court decide?

Applicant ordered to be released on regular bail on executing a personal bond of Rs.10,000 with one surety and complying with listed conditions.

Pareshbhai @ Bhaylo S/O Arvindbhai Ramabhai Thakore Vs State… — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/17930/2021 ORDER DATED: 20/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17930 of 2021

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========================================================== PARESHBHAI @ BHAYLO S/O ARVINDBHAI RAMABHAI THAKORE Versus STATE OF GUJARAT

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Appearance:

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MR MOHSINKHAN A PATHAN(11076) for the Applicant(s) No. 1 TAHIR S SAIYED(8983) for the Applicant(s) No. 1 MR MANAN MEHTA, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 20/12/2021

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ORAL ORDER

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Rule. Learned APP waives service of notice of rule on behalf of respondent – State.

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The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO.I/11204041210964/2021 registered with Mahemdabad Police Station, Kheda for offence under Sections 379(A)3, 114 and 120(B) of the Indian Penal Code.

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Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and

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Page 1 of 4

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R/CR.MA/17930/2021 ORDER DATED: 20/12/2021

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gravity of the offence.

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Learned Advocates appearing on behalf of the respective parties do not press for 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 FIR is registered on 10.08.2021 for the offence which is alleged to have taken place on 10.08.2021. II. The applicant is in jail since 11.08.2021.

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III. The investigation is concluded and charge-sheet is filed.

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IV. Applicant is local resident of Mahemdabad and not likely to flee away.

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This Court has also 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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In the facts and circumstances of the case and considering the nature of the 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.

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Hence, the present application is allowed. The applicant

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Page 2 of 4

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R/CR.MA/17930/2021 ORDER DATED: 20/12/2021

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is ordered to be released on regular bail in connection with FIR being C.R.NO.I/11204041210964/2021 registered with Mahemdabad Police Station, Kheda, 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 Mahemdabad till completion of trial without prior permission of the Trial Court concerned except for the purpose of attending the trial proceedings;

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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/17930/2021 ORDER DATED: 20/12/2021

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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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Rule is made absolute to the aforesaid extent. Direct service is permitted.

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(RAJENDRA M. SAREEN,J)

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DRASHTI K. SHUKLA

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Pareshbhai @ Bhaylo S/O Arvindbhai Ramabhai Thakore v. State of Gujarat

Case brief

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Pareshbhai @ Bhaylo S/O Arvindbhai Ramabhai Thakore v. State of Gujarat

Case brief

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