Allowed

Bijendrapratap @ Birju Gumansing Thakur v. State of Gujarat

Gujarat HC6 Dec 2021CR.MA/17954/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed an application for regular bail in a murder case. The court considered the completed investigation, the applicant's jail time, and the specific circumstances of the incident, concluding that discretionary bail was warranted subject to strict conditions.

What did the court decide?

The applicant is released on regular bail by executing a personal bond of Rs. 15,000 with a surety, subject to conditions including passport surrender, not leaving the state, monthly police appearance

Bijendrapratap @ Birju Gumansing Thakur Vs… — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/17954/2021 ORDER DATED: 06/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17954 of 2021

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BIJENDRAPRATAP @ BIRJU GUMANSING THAKUR

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Versus

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STATE OF GUJARAT

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

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MR Y J PATEL(3985) for the Applicant(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 : 06/12/2021

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ORAL ORDER

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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.11210048210654 of 2021 registered with Umra Police Station, District: Surat City for the offences under Sections 302, 323 of the Indian Penal Code and under Section 135(1) of the 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 Additional Public Prosecutor appearing on behalf of the respondent-State has opposed

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Page 1 of 4

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R/CR.MA/17954/2021 ORDER DATED: 06/12/2021

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

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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) The applicant is in jail since 11.05.2021; (ii)Investigation is over and charge sheet is filed;

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(iii) Considering the role of the applicant; (iv) Considering the fact that the incident has occurred at the instance of the deceased himself.

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8.In the result, the present application is allowed and the applicant is ordered to be

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Page 2 of 4

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R/CR.MA/17954/2021 ORDER DATED: 06/12/2021

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released on regular bail in connection with an
offence being C.R.No.11210048210654 of 2021
registered with Umra Police Station, District:
Surat City on executing a personal bond of
Rs.15,000/- (Rupees Fifteen Thousand Only) with
one local 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 the State of Gujarat without
prior permission of the Sessions Judge
concerned;

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

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[f] furnish latest and permanent address of
residence and mobile number 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

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Page 3 of 4

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R/CR.MA/17954/2021 ORDER DATED: 06/12/2021

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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 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. Direct service is permitted. 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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Pallavi

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Page 4 of 4

Bijendrapratap @ Birju Gumansing Thakur v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Bijendrapratap @ Birju Gumansing Thakur v. State of Gujarat

Case brief

What is this about?

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