Allowed

Vahidkhan Parbatsang Raj v. State of Gujarat

Gujarat HC31 Mar 2021CR.MA/5768/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed the regular bail application of the accused charged under Section 307 IPC, considering the investigation concluded, no special circumstances were shown, and he had no antecedents, subject to various stipulations including residence restriction and periodic appearance.

What did the court decide?

Applicant enlarged on regular bail on personal bond of Rs.10,000 with one surety, subject to conditions of residence, appearance, and non-approach.

Vahidkhan Parbatsang Raj Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/5768/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5768 of 2021

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================================================================ VAHIDKHAN PARBATSANG RAJ

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Versus

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STATE OF GUJARAT

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================================================================ Appearance:

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MINESH D ERINPURIA(8512) for the Applicant(s) No. 1 MR LB DABHI, APP for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 31/03/2021

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ORAL ORDER

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RULE . Learned APP Mr.L.B.Dabhi waives service of Rule on behalf of the respondent State.

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The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.11215003210077 of 2021 registered with Anklav Police Station, Anand for offence under Section 307 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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Learned APP appearing on behalf of the respondent-

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Page 1 of 4

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R/CR.MA/5768/2021 ORDER

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State has opposed grant of regular bail looking to the nature and gravity of the offence.

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Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

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I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

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I. The FIR is registered on 18.02.2021 for the offence which is alleged to have taken place on 09.02.2021.

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II. The applicant is in jail since 20.02.2021.

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III. Investigation is concluded as remand period is over.

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IV. From the affidavit filed by the IO, it appears that the incident took place when the applicant, who had lent Rs.2000/- to the injured witness, had demanded for repayment and at that time, incident took place, where by use of wooden stick, the applicant had given blows to the injured withess.

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V. No antecedents are reported.

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VI. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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This Court has also taken into consideration the law

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laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

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In the facts and circumstances of the case and

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Page 2 of 4

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R/CR.MA/5768/2021 ORDER

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considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie , this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR No.11215003210077 of 2021 registered with Anklav Police Station, Anand, 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 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

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(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

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(e) not to enter Taluka Anklav for a period of three months;

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(f) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

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(g) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not

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Page 3 of 4

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R/CR.MA/5768/2021 ORDER

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change the residence without prior permission of Trial Court;

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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.

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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.

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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 is made absolute to the aforesaid extent.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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SHITOLE

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Page 4 of 4

Vahidkhan Parbatsang Raj v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Vahidkhan Parbatsang Raj v. State of Gujarat

Case brief

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