Allowed

Naresh @ Narshibhai Bhikhabhai Vala v. State of Gujarat

Gujarat HC11 Jan 2021CR.MA/20067/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat ordered bail for the applicant, NARESH @ NARSHIBHAI BHIKHABHAI VALA, in an FIR involving forgery and cheating. Considering the investigation was complete and key accused were on bail, the court granted release on a personal bond with strict surveillance conditions including passport surrender and restricted movement.

What did the court decide?

Released on regular bail on a personal bond of Rs.10,000 with one surety, subject to conditions prohibiting misuse of liberty, leaving the state, entering Amreli District, and requiring alternate Mond

Naresh @ Narshibhai Bhikhabhai Vala Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2021)

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R/CR.MA/20067/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 20067 of 2020

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NARESH @ NARSHIBHAI BHIKHABHAI VALA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 11/01/2021

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ORAL ORDER

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[1] Heard Mr.Dagli, learned advocate for the applicant and Ms.Thakkar, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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[2] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.11193003201320 of 2020 registered with Amreli City Police Station, Amreli for the offences punishable under Sections 188, 419, 420, 465, 468, 471, 384, 193, 511, 120B, 114 and 34 of the Indian Penal Code and Section 42, 43, 45 (12) of the Prison Act.

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[3] Mr.Dagli, learned advocate appearing for the applicant submits that co-accused of the applicant have been enlarged on bail either by trial Court or by this Court. He further submitted that role attributed to the applicant is only of providing Sim Card. He also submitted that the Jail Assistants, who have played major role in the offence, have already released on bail. He also submitted that the doctor, who has issued false certificates, has also been granted bail. He also submitted that the charge-sheet has already been filed. Learned advocate for the applicant further submits that considering the nature of evidence, role

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R/CR.MA/20067/2020 ORDER

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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] Per contra, Ms.Thakkar, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail on the grounds that considering the nature and gravity of the offence. She has referred to the report submitted by investigating officer. She submitted that the applicant is the prime accused in the offence and he has provided mobiles to inmates and collected money from the family of the inmates. She further submitted that the applicant also helped inmates to get false certificates from the doctor to get bail. She further submitted that the applicant is having antecedents of 1988 and 1990. In view of all these, she has prayed to rejected present application.

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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 applicant.

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[6] This Court has considered following aspects;

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(i) The accused is in jail since 25.8.2020;

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(ii) The Jail Assistants, who have played major role, and the doctor, who issued false certificates, are released on bail;

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

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(iv) 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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R/CR.MA/20067/2020 ORDER

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(v) 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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[7] 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.11193003201320 of 2020 registered with Amreli City Police Station, Amreli , 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;

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[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; [d] not leave the State of Gujarat without prior permission of the concerned Trial Court;

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[e] not to enter local limits of Amreli District for a period of six months except for attending court proceedings;

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[f] shall mark presence before the nearest Police Station, where he is going to reside, on alternate Monday for initial six months and, after entering into Amreli District, mark presence with the concerned Police Station on alternate Monday for a period of six months, between 10:00 a.m. and 2:00 p.m.;

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[g] 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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[8] 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

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R/CR.MA/20067/2020 ORDER

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

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(DR. A. P. THAKER, J)

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R.S. MALEK

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Naresh @ Narshibhai Bhikhabhai Vala v. State of Gujarat

Case brief

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Naresh @ Narshibhai Bhikhabhai Vala v. State of Gujarat

Case brief

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