Allowed

Zala Jitendrasinh @ Jayeshbhai Vijubha v. State of Gujarat

Gujarat HC7 Jan 2021CR.MA/18224/2020

Case brief

AI extract

What is this about?

Criminal Miscellaneous Application for regular bail. The High Court, considering that the main accused is on bail, investigation is complete, and the applicant was added due to co-accused statement without prior recovery, granted bail on a personal bond of Rs.10,000 subject to stringent conditions.

What did the court decide?

Application allowed; applicant released on regular bail with personal bond of Rs.10,000 and one local surety, subject to specific conditions of appearance and territorial presence.

Zala Jitendrasinh @ Jayeshbhai Vijubha Vs State of… — Cheating and Forgery | Gujarat HC (2021)

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R/CR.MA/18224/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 18224 of 2020

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================================================================ ZALA JITENDRASINH @ JAYESHBHAI VIJUBHA

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Versus STATE OF GUJARAT

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

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Appearance:

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MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1 MS MOXA THAKKER APP (2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 07/01/2021

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ORAL ORDER

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[1] Heard Mr.K. R. Chaudhari, learned advocate for the applicant and Ms.Moxa Thakker, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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[2] The present application is filed, after filing of the charge-sheet, under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R.No.I – 73/2018 registered with Santhal Police Station, District: Mehsana for the offences punishable under Sections 489(B), (C), (D), 124(A) and 114 etc. of the Indian Penal Code.

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[3] Mr.Chaudhari, learned advocate for the applicant has submitted that the main accused has been released on bail. He has submitted that no recovery has been made from the applicant and he has been involved in the crime due to the statement of the co-accused. He has further submitted that

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R/CR.MA/18224/2020 ORDER

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there is no past antecedent against the applicant and he will abide by all the conditions that may be imposed by this Court. He has further submitted that the investigation is over and the charge-sheet has already been filed and the applicant is in jail since 21.10.2020. He has submitted that the name of the applicant is not mentioned in the FIR. He has further submitted that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

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[4] Ms.Moxa Thakker, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed in granting of bail considering the fact that the present applicant has involved in the offence of fake currency note of Rs.16,000/-. She has submitted that the involvement of the present applicant is prima facie found from the investigation papers and the offence is affecting the national economy. She has submitted that considering the nature and gravity of the offence, the present application may be rejected.

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[5] Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the

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R/CR.MA/18224/2020 ORDER

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applicant.

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[6] This Court has considered following aspects;

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(i) That main accused is enlarged on bail;

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(ii) The fact that the accused is in jail since 21.10.2020;

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(iii) The investigation is over and the charge-sheet is led;

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(iv) The accused is not named in the FIR;

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(v) The applicant is arraigned as accused due to statement of the co-accused.

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(vi) There is no recovery or discovery from the present applicant;

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(vii) The assurance given by the learned advocate for the applicant that the applicant will abide by all the conditions that may be imposed by this court;

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

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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 FIR being C.R.No.I – 73/2018 registered with Santhal Police Station, District: Mehsana , on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

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R/CR.MA/18224/2020 ORDER

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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 his 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 concerned Trial Court;

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[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

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[f] furnish latest 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 Trial Court;

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[9] 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial 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

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R/CR.MA/18224/2020 ORDER

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enlarging the applicant on bail. Rule is made absolute accordingly.

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[10] Direct service, through fax, email and/or any other suitable electronic mode, is permitted.

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V.R. PANCHAL

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Zala Jitendrasinh @ Jayeshbhai Vijubha v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Zala Jitendrasinh @ Jayeshbhai Vijubha v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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