Allowed

Sonyabhai Dayajubhai Bhoye v. State of Gujarat

Gujarat HC9 Aug 2021CR.MA/5652/2021

Case brief

AI extract

What is this about?

The Gujarat High Court allowed a bail application under Section 439 CrPC filed by an accused charged with murder and related offences. The court found the application meritorious despite the late arrest, imposing strict conditions to ensure attendance and prevent absconding.

What did the court decide?

Applicant ordered to be released on bail upon execution of a bond of Rs. 10,000 with one surety, subject to specific conditions of residence and appearance.

Sonyabhai Dayajubhai Bhoye Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/5652/2021 ORDER DATED: 09/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5652 of 2021

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SONYABHAI DAYAJUBHAI BHOYE

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Versus

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STATE OF GUJARAT

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Appearance:

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MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 09/08/2021

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ORAL ORDER

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Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.

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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.I-18 of 2013 with Kadodara GIDC Police Station, Surat for the offences punishable under Sections 302, 201, 506(2) and 114 of IPC.

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Facts of the case is as under :-

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3.1. That on 24.01.2013 in the sim of Village Niyol Near Water Tank, husband of the complainant viz. Shukaryabhai Navsyabhai Pawar has some quarrel with accused named Sonyabhai and because of that some altercation took place between them and thereafter, as husband of the complainant continue to utter the words accused again came with wooden log and gave blow on the head and other accused namely Sureshbhai has threatened the complainant that not to disclose correct fact to anyone and wooden log was also

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Page 1 of 4

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R/CR.MA/5652/2021 ORDER DATED: 09/08/2021

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thrown out by him and even last rituals was also performed without conducting PM and accordingly, FIR came to be lodged.

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Upon hearing submission, following picture emerges on record :-

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(i) Charge sheet is filed.

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(ii) No past antecedent is registered qua the applicant. (iii) Present FIR is lodged on 02.02.2013 for the incident which took place on 24.01.2013. No-doubt, the complainant disclosed name of the present applicant in the FIR and according to her complaint, there were three eye witnesses to the incident and they were present at the scene of offence. One of the witness viz. Shri Jaykumar whose statement is recorded on 31.01.2013 and 01.02.2013, wherein, the complainant informed to said witness that someone had caused head injury to her husband with one wooden log and she did not disclose name of the present applicant to the said witness.

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(iv) In view of inconsistent version appearing in the charge sheet papers, present application deserves consideration.

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(v) Learned APP submitted that the applicant is arrested only in the month of January, 2021 for the alleged offence occurred in the year 2013 and therefore, bail may not be granted to him. In view of facts of the case and considering the fact that co-accused Shri Suresh is enlarged on bail, 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.

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Page 2 of 4

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R/CR.MA/5652/2021 ORDER DATED: 09/08/2021

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(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 F.I.R. registered at C.R.No.I-18 of 2013 with Kadodara GIDC Police Station, Surat 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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[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

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Page 3 of 4

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R/CR.MA/5652/2021 ORDER DATED: 09/08/2021

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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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SATISH

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Sonyabhai Dayajubhai Bhoye v. State of Gujarat

Case brief

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Sonyabhai Dayajubhai Bhoye v. State of Gujarat

Case brief

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