Allowed

Bharat Zaverbhai Ramani v. State of Gujarat

Gujarat HC22 Dec 2021CR.MA/18078/2021

Case brief

AI extract

What is this about?

High Court at Ahmedabad allowed a bail application filed under Section 439 CrPC. The court granted regular bail to the applicant charged with offenses including conspiracy and murder-related charges, noting the investigation was complete, the charge sheet did not clearly define the applicant's role, and co-accused had been released on bail. Bail was granted subject to specific bonding and conduct

What did the court decide?

Released on regular bail by executing a personal bond of Rs. 15,000 with one surety, subject to conditions of not leaving Gujarat without permission, not entering Rajkot district for 3 months, and sur

Bharat Zaverbhai Ramani Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/18078/2021 ORDER DATED: 22/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 18078 of 2021

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====================================== BHARAT ZAVERBHAI RAMANI

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Versus

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STATE OF GUJARAT

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

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MR ABHAYKUMAR P SHAH(3093) for the Applicant(s) No. 1 MS. MOXA THAKKAR, 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 : 22/12/2021

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ORAL ORDER

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The present bail 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 11205043210460 of 2021 registered with “B” Division Police Station, Bhuj, District Kachchh for the offence punishable under Sections 221, 223, 224, 225, 120(B), 201, 328, 465, 468 and 471 of the Indian Penal Code and Sections 42, 43 and 45(12) of the Prisons Act 1894.

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Mr. Shah, 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. That, if the alleged role of the applicant as mentioned in the charge may be seen then it can be said that the arrest of the applicant is based only on suspicion and that is only based on the fact that applicant went to meet Jail Superintendent and had discussed about the

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R/CR.MA/18078/2021 ORDER DATED: 22/12/2021

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facilities being given to the Accused Nikhil @ Nikunj Donga which does not make the applicant as an accused person. That, the applicant was neither in contact with main accused nor in contact with the co-accused who have harbored the main accused either through telephone or in person, however, he has falsely been implicated in offence in question. Lastly, it was requested by learned advocate for the applicant to allow present applicant by releasing present applicant on bail.

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Ms. Thakkar, learned APP appearing on behalf of the respondent-State has strongly objected the submissions made by learned advocate for the applicant and submitted that the present applicant is the main offender in the offence as criminal conspiracy was hatched by him alongwith main accused namely Nikhil @ Nikunj Donga and other coaccused. That, in Special Jail at Palara meeting was arranged by the present applicant with the main co-accused namely Nikhil @ Nikunj Donga. That, criminal conspiracy was planned by the present applicant and other co-accused to escape from the judicial custody at anyhow and as a part thereof, present applicant and other co-accused got donated 50 fans in the Palara Special Jail on 6^th March, 2021. That, the present applicant was in contact with the other-accused through the WhatsApp calling and call history was deleted by him. To become successful in the criminal conspiracy hatched by Nikhil @ Nikunj Donga, present applicant abetted in criminal conspiracy. However, there was in knowledge of the applicant that main accused was involved in the offence registered with Gondal City Police Station being Part-A C.R. No. 1549 of 2020 for the offence punishable under Sections 302, 201 and 114 of the Indian Penal Code and Sections 25(1)(A) of the Arms Act.

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Page 2 of 6

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R/CR.MA/18078/2021 ORDER DATED: 22/12/2021

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That, with a view to flee away from Palara Jail, applicant has abetted the co-accused. Prima facie, the applicant is involved in the offence as per the prosecution case. That, the amount given for admitting the main accused Nikhil @ Nikunj Donga in the GK General Hospital at Bhuj, by arrested accused Akash Arya to the present applicant to the tune of RS. 60,000/- was recovered from the applicant. The main accused Nikhil @ Nikunj Donga was kept in the Higher Security Zone at Special Jail, Palara. Prima facie involvement of the present applicant is established by the prosecution. From the CCTV Footage, presence of the applicant was clearly found. That, sufficient evidence was available with the prosecution from the call details of the applicant that they were in contact with each other. That, benefit of parity cannot be granted to the present applicant. That, location was also found of the present applicant as they were remained in Palara Special jailand statement of Jail Superintendent is also recorded by the Investigation Officer and confirmed the presence of the present applicant in Special Jail at Palara with the main accused namely Nikhil @ Nikunj Donga. Hence, it was requested by learned APP for the respondent-State to dismiss present application.

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This Court has also considered the charge sheet papers produced under the signature of Deputy Superintendent of Police, Bhuj Division, Bhuj and from page no.101 of that charge sheet, it appears that on 22^nd March 2021, co-accused namely Nikhil @ Nikunj Donga was taken to GK General Hospital for his treatment. For the first time, treatment was taken by him in GK General Hospital on 23^rd March 2021. Thereafter, he was advised to come on 26^th March, 2021 for

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R/CR.MA/18078/2021 ORDER DATED: 22/12/2021

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his treatment again, and therefore, on 24^th March, 2021 i.e., on the day of hearing at Jetpur Court, it was planned with the help of PSI Mangabhai Kakubhai Bharwad, ASI Alimamad Osman Langha, other co-accused Bharat Zaverhbhai Ramani, Bhavik alias Ali Chandubhai Khunt, Renis alias Lalji Dayabhai malaviya to flee away from the Police Japta from Rajkot-Morbi Highway.

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I have heard the learned advocates for the respective parties and perused the papers.

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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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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 this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

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This Court has considering the following aspects:

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(i) The applicant is in custody since 2^nd April, 2021;

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(ii) Investigation is over and charge sheet is filed;

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(iii) In the charge sheet papers produced on record, at page no.101, the Deputy Superintendent of Police, Bhuj has not mentioned any clear role played by the present applicant.

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(iv) The other co-accused, who are police officers and one Mr. Parth alias Lalu Bipin Dhanani and others are

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R/CR.MA/18078/2021 ORDER DATED: 22/12/2021

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released on bail by coordinate bench of this Court in Criminal Misc. Applications No. 10263 of 2021; 11335 of 2021; 7940 of 2021; 10554 of 2021 and 10921 of 2021 vide order dated 23.07.2021, who have played identical role in committing an offence.

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(v) No any independent evidence/material is pointed out by the prosecution of hatching a criminal conspiracy under Section 120B of the Indian Penal Code.

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Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an C.R.No. 11205043210460 of 2021 registered with “B” Division Police Station, Bhuj, District Kachchh on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one 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; [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] 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 the learned Sessions Court concerned;

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[f] not enter into the Rajkot District for 3 (Three) months.

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R/CR.MA/18078/2021 ORDER DATED: 22/12/2021

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The Authorities shall 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 learned 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. At the trial, learned 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 . This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.

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(RAJENDRA M. SAREEN, J.)

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AMAR RATHOD...

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Bharat Zaverbhai Ramani v. State of Gujarat

Case brief

What is this about?

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Bharat Zaverbhai Ramani v. State of Gujarat

Case brief

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