Allowed

Ashwinbhai Ganbhubhai Kamboya (Chu.Koli) v. State of Gujarat

Gujarat HC5 Feb 2021CR.MA/543/2021

Case brief

AI extract

What is this about?

In a criminal bail application under Section 439 CrPC, the High Court of Gujarat allowed the release of the applicant on regular bail after the filing of the charge sheet, emphasizing that custodial interrogation is no longer needed. The Court imposed several strict conditions, including non-contact with the victim, passport surrender, and police marking.

What did the court decide?

Applicant released on regular bail with a personal bond of Rs. 10,000 and strict conditions including non-contact with victim and police marking for six months.

Ashwinbhai Ganbhubhai Kamboya (Chu.Koli) Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/543/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 543 of 2021

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======================================================= ASHWINBHAI GANBHUBHAI KAMBOYA (CHU.KOLI)

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Versus STATE OF GUJARAT

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

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Appearance:

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MR VICKY B MEHTA(5422) for the Applicant(s) No. 1 MR LB DABHI, 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 : 05/02/2021

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ORAL ORDER

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[1] Heard learned advocates appearing on both sides through video conferencing.

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[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR No.11211040200195 of 2020 registered with Panshina Police Station, District:Surendranagar for the offences under Sections 376 and 506 (2) of the Indian Penal Code.

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[3] Mr.Vicky Mehta, learned advocate for the applicant submits that this is a successive bail application as earlier application was withdrawn due to filing of charge sheet. He further submitted that this might be a case of consent and no injury was found on the body of the victim and as per medical evidence also, there was no physical intercourse. He also submitted that as per FSL report also there is no material against the applicant. He also submitted that charge sheet is filed and there is no need of custodial interrogation of the

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Page 1 of 4

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R/CR.MA/543/2021 ORDER

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applicant and the applicant is not likely to flee away from justice, therefore, the applicant may be enlarged on regular bail by imposing suitable conditions. He assured the Court that the applicant will abide by all such conditions.

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[4] Per contra, Mr.Dabhi, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He submitted that as per medical certificate, page 28, there is abrassion mark on the body of the victim. He further submitted that the applicant is a bootlegger and there is every possibility that he will threaten the victim. He, therefore, prays that discretion may not be exercised in favour of the applicant.

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[5] Having considered the submissions made by both the sides as well as the material placed on record, this Court is of the view that at this stage, there is no need to go into the details of medical evidence. Learned advocates appearing on behalf of the respective parties also do not invite reasoned order. This Court has considered following aspects:-

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(i) Applicant is in jail since 24.9.2020. (ii) Since the investigation is over and charge sheet is filed, there is no need of custodial interrogation of the applicant. (iii) This Court has also considered the law laid down by Apex Court in the case of Sanjay Chandra Vs. Central Bureau Investigation, reported in (2012) 1 SCC 40 .

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(iv) This Court has also taken into consideration the assurance given on behalf of the applicant that he will abide by all conditions that may be imposed by this Court.

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Page 2 of 4

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R/CR.MA/543/2021 ORDER

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[6] 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. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being FIR No.11211040200195 of 2020 registered with Panshina Police Station, District:Surendranagar on executing a personal bond of Rs.10,000/- (Rupees Ten 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;

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[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] not enter in local limits of the District, where the victim is residing, for a period of six months, except for attending Court proceedings or police investigation;

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[f] shall mark presence on alternative Monday for a period of six months to the nearest Police Station, where he is going to reside for six months and after entering into Surendranagar 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 and permanent address of residence to the Investigating Officer and also to the Court at the

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Page 3 of 4

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R/CR.MA/543/2021 ORDER

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time of execution of the bond and shall not change the residence without prior permission of this Court;

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[7] 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 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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[8] Rule is made absolute to the aforesaid extent. Registry is directed to serve this order to the concerned authority through e- mail/fax or any other electronic mode.

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(DR. A. P. THAKER, J)

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R.S. MALEK

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Page 4 of 4

Ashwinbhai Ganbhubhai Kamboya (Chu.Koli) v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Ashwinbhai Ganbhubhai Kamboya (Chu.Koli) v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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