Allowed

Hitesh @ Hitlo Vango Narshibhai Bambhaniya v. State of Gujarat

Gujarat HC12 Jan 2021CR.MA/19836/2020

Case brief

AI extract

What is this about?

This High Court allowed an application for regular bail under Section 439 CrPC. The court granted bail to the applicant, a person acquitted in the BNS/IPC matters on parole who was accused in a Prohibition Act case based on suspicion, fixing stringent conditions.

What did the court decide?

Released on regular bail with a personal bond of Rs. 10,000/- and one local surety of similar amount, subject to strict conditions.

Hitesh @ Hitlo Vango Narshibhai Bambhaniya Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/19836/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 19836 of 2020

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================================================================ HITESH @ HITLO VANGO NARSHIBHAI BAMBHANIYA

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MR PRATIK Y JASANI(5325) 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 : 12/01/2021

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ORAL ORDER

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[1] Heard Mr.Pratik Jasani, 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] RULE . Ms.Thakker. learned Additional Public Prosecutor waives service of notice of rule for respondent – State. With the consent of learned advocates for both the sides, rule is fixed forthwith.

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[3] The present application is filed under Section 439 of the Code of Criminal Procedure, after filing of the chargesheet, in connection with an FIR being C.R.No. 11202009201337 of 2020 registered with City “B” Division Police Station, District: Jamnagar for the offences punishable under Sections 65(A), 65(E), 116(B) and 98(2) of the Prohibition Act.

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Page 1 of 4

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R/CR.MA/19836/2020 ORDER

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[4] Learned advocate appearing for the applicant has submitted that the applicant has been involved in the alleged offence on the basis of suspicion. He has further submitted that the investigation is over and the chargesheet has already been filed. Learned advocate for the applicant 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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[5] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed in granting grant of regular bail on the ground that considering the seriousness of the offence to the effect that when the accused was on parole leave, he has committed the alleged offence. She has submitted that the applicant is also facing trial under Section 302 of the Indian Penal Code, the question that whether he is enlarged on that particular case. She has submitted that considering the fact that he is kingpin in entire incident, the discretionary power may not be exercised by this Court though the charge-sheet has been led.

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[6] 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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Page 2 of 4

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R/CR.MA/19836/2020 ORDER

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applicant.

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[7] This Court has considered following aspects;

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(i) That co-accused are enlarged on bail;

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(ii) The fact that the accused is in jail since 09.09.2020;

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

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(iv) The applicant is arraigned as accused on the basis of the suspicion;

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(v) 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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[8] 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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[9] 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. 11202009201337 of 2020 registered with City “B” Division Police Station, District: Jamnagar , 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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[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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Page 3 of 4

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R/CR.MA/19836/2020 ORDER

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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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[10] 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 enlarging the applicant on bail. Rule is made absolute accordingly.

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

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(DR. A. P. THAKER, J)

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V.R. PANCHAL

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Hitesh @ Hitlo Vango Narshibhai Bambhaniya v. State of Gujarat

Case brief

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Hitesh @ Hitlo Vango Narshibhai Bambhaniya v. State of Gujarat

Case brief

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