Allowed

Nandaram @ Nanda Bhagu Gadari v. State of Gujarat

Gujarat HC4 Aug 2021CR.MA/5294/2021

Case brief

AI extract

What is this about?

This order allows a bail application filed under Section 439 CrPC. The applicant, accused of murder, has 40% disability, no antecedents, and weak connecting evidence for the offence. The court emphasized his deep social roots and lack of flight risk as grounds for granting bail subject to conditions.

What did the court decide?

Application allowed; applicant granted bail subject to executing a bond of Rs. 10,000 with one surety and complying with specified conditions.

Nandaram @ Nanda Bhagu Gadari Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/5294/2021 ORDER DATED: 04/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 5294 of 2021

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NANDARAM @ NANDA BHAGU GADARI

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Versus

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STATE OF GUJARAT

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Appearance:

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MR JAGDHISH SATAPARA(5524) for the Applicant(s) No. 1 MR MANAN MEHTA APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 04/08/2021

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ORAL ORDER

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This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11191037201276 of 2020 with Odhav Police Station for the offences punishable under Sections 302, 176, 201 and 114 of IPC.

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The short facts of the case are that a complaint came to be filed by one Mr.K. R. Parmar (PSI) before Odhav Police Station on 04/12/2020 inter alia alleging that he is residing at Ahmedabad with his family. It is also alleged that one dead body found from the open space near at Aadinathnagar Sheth R.T. School, Odhav and therefore the FIR in question came to be filed.

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Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C. and examined the papers placed for consideration in support of the submission made at bar.

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Upon hearing submission, following picture emerges on

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Page 1 of 3

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R/CR.MA/5294/2021 ORDER DATED: 04/08/2021

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record :-

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(i) Charge sheet is filed.

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(ii) No past antecedent is registered qua the applicant.

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(iii) Learned Advocate for the applicant states at bar that the applicant is disabled to the extent of 40% body as a whole.

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(iv) Learned APP submits that the applicant was last seen together with the deceased on 02/12/2000 as per statement of Mr.Gatusinh and Mr.Hiralal. Except this, no other evidence / material is pointed out by learned APP to connect the present applicant with the alleged offence of murder.

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(v) In view of aforesaid evidence and considering the submissions made, it is not legal and proper to deny bail to the applicant on such weak case and therefore, present application deserves consideration.

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(vi) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed. (vii) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

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Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.11191037201276 of 2020 with Odhav Police Station, on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall;

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Page 2 of 3

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R/CR.MA/5294/2021 ORDER DATED: 04/08/2021

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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] not leave the territory of India without prior permission of the Sessions Judge concerned;

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[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

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[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

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The competent authority will release the applicant only if the applicant 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 take appropriate action in the matter. Bail bond to be executed before the 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, the 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 made absolute to the aforesaid extent. Direct service is permitted.

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(S.H.VORA, J)

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sompura

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Page 3 of 3

Nandaram @ Nanda Bhagu Gadari v. State of Gujarat

Case brief

What is this about?

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Nandaram @ Nanda Bhagu Gadari v. State of Gujarat

Case brief

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