Allowed

Richpal S/O Babulal Devaram (Jat Chaudhary) v. State of Gujarat

Gujarat HC13 Jan 2021CR.MA/590/2021

Case brief

AI extract

What is this about?

The Gujarat High Court allowed a Criminal Miscellaneous Application for regular bail filed by applicants implicated in an FIR under the Prohibition Act. The court released them on bail with conditions for appearance, residence, and passport surrender.

What did the court decide?

Release on regular bail by executing a personal bond of Rs.10,000 with one surety, subject to conditions like appearance, residence, and non-departure from Gujarat.

Richpal S/O Babulal Devaram (Jat Chaudhary) Vs State of… — Narcotics (NDPS) | Gujarat HC (2021)

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R/CR.MA/590/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 590 of 2021

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========================================================== RICHPAL S/O BABULAL DEVARAM (JAT CHAUDHARY)

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Versus STATE OF GUJARAT

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

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Appearance:

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MR MAHESH P PATEL(3381) for the Applicant(s) No. 1,2 MR N P CHAUDHARY(3980) for the Applicant(s) No. 1,2 MS. MOXA THAKKAR, 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 : 13/01/2021

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ORAL ORDER

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[1] Heard Mr. N.P.Chaudhary, learned advocate for the applicants and Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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[2] RULE . Learned Additional Public Prosecutor waives service of notice of rule for respondent – State.

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[3] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.11195050200970 of 2020 registered with Tharad Police Station, District: Banaskantha for the offences punishable under Sections 65(a), 65(e), 116-B, 98(2), 99, 81 of the Prohibition Act.

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[4] Learned advocate appearing for the applicants submits that the applicants are wrongly roped into the present

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Page 1 of 4

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R/CR.MA/590/2021 ORDER

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crime. He has further submitted that the charge-sheet has already been filed. He further submits that considering the nature of evidence, role attributed to the applicants and punishment prescribed, this application for bail may kindly be considered and the applicants may be released on bail on stringent conditions.

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[5] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail that considering the nature and gravity of the offence.

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[6] Having heard the learned advocates for the parties and 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 applicants.

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[7] This Court has considered following aspects;

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(i) That the applicants are in jail since 26.10.2020;

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(ii) The investigation is over and the charge-sheet is filed;

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(iii) The assurance given by learned advocate for the applicants that the applicants will abide by all the conditions which may be imposed by the Court.

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[8] This Court has also taken into consideration the law

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Page 2 of 4

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R/CR.MA/590/2021 ORDER

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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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[9] In the result, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an FIR being C.R.No. 11195050200970 of 2020 registered with Tharad Police Station, District: Banaskantha on executing a personal bond of Rs.10,000/(Rupees Ten Thousand Only) each with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they 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 injuries to the interest of the prosecution;

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[c] surrender their passports, if any, to the lower court within a week;

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[d] not leave the State of Gujarat for six months without prior permission of the concerned Trial Court except for the purpose of attending judicial proceedings or investigation;

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[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

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Page 3 of 4

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R/CR.MA/590/2021 ORDER

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[f] 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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[10] The Authorities will release the applicants only if they are 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 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 applicants on bail. Rule is made absolute accordingly.

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[11] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the applicants is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

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(DR. A. P. THAKER, J)

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SAJ GEORGE

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Richpal S/O Babulal Devaram (Jat Chaudhary) v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Richpal S/O Babulal Devaram (Jat Chaudhary) v. State of Gujarat

Case brief

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What did the court decide?

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