Allowed

Aziz @ Abdul Vohra Patel v. State of Gujarat

Gujarat HC6 Oct 2021CR.MA/6172/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to the applicant, who was accused of murder and abetment. The court considered the concluded investigation, the applicant's lack of antecedents, and the fact that co-accused had already been released, finding it a fit case for bail with specific conditions. Rule was made absolute with directions to the trial court.

What did the court decide?

Applicant granted release on regular bail on personal bond of Rs. 10,000 with one surety of Rs. 10,000 subject to specified conditions.

Aziz @ Abdul Vohra Patel Vs State of Gujarat — Criminal Trial and Appeal | Gujarat HC (2021)

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R/CR.MA/6172/2021 ORDER DATED: 06/10/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6172 of 2021

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AZIZ @ ABDUL VOHRA PATEL

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Versus

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STATE OF GUJARAT

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Appearance:

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. for the Applicant(s) No. 1 ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1 MR HK PATEL APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 06/10/2021

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ORAL ORDER

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RULE . Mr. HK Patel, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.

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This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.11199038200048 of 2020 with Nabipur Police Station, Bharuch for the offence punishable under Sections 302, 201, 120B and 114 of the Indian Penal Code.

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

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On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of

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Page 1 of 4

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R/CR.MA/6172/2021 ORDER DATED: 06/10/2021

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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 a 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 F.I.R. is registered on 03.02.2020 for the offence which is alleged to have taken place on 30.01.2020;

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(II) The applicant is in custody since 04.02.2020;

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(III) The investigation is concluded and charge-sheet is filed.

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(IV) Submission of learned advocate that even from the narration in the FIR itself, the role of the applicant is limited to the removal of the dead-body from the house, as reflected from the CCTV footage itself.

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(V) The other co-accused, who were present in the house while the offence was committed have been enlarged on regular bail.

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(VI) No antecedents reported against the present applicant.

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(VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

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In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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

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Page 2 of 4

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R/CR.MA/6172/2021 ORDER DATED: 06/10/2021

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ordered to be released on regular bail in connection with C.R. No.11199038200048 of 2020 with Nabipur Police

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Station, Bharuch 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) 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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(f) 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 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

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R/CR.MA/6172/2021 ORDER DATED: 06/10/2021

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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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The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

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(A.Y. KOGJE, J)

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Radhika

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Aziz @ Abdul Vohra Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Aziz @ Abdul Vohra Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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