Allowed

Rajeshkumar @ Bablu Ramharakh Rajput v. State of Gujarat

Gujarat HC17 Mar 2022CR.MA/2647/2022

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed an application for regular bail. The applicant, charged with offenses including attempted murder and cheating over a land dispute, was granted bail after being an absconder for eleven years, subject to conditions including surrendering a passport.

What did the court decide?

Regular bail granted on a personal bond of Rs. 15,000 with one surety, subject to conditions including surrender of passport and restriction from leaving Gujarat.

Rajeshkumar @ Bablu Ramharakh Rajput Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2022)

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R/CR.MA/2647/2022 ORDER DATED: 17/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2647 of 2022

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================================================================ RAJESHKUMAR @ BABLU RAMHARAKH RAJPUT

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1 MR PRANAV TRIVEDI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 17/03/2022

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ORAL ORDER

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This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being I-C.R. No.164 of 2010 registered with Vijapur Police Station, District Mahesana for the offences punishable under Sections 307, 447, 324, 504, 147, 148 and 149 of the Indian Penal Code, under Section 135 of the Bombay Police Act and under Section 25(1)AA of the Arms Act.

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Learned Advocate for the applicant submitted that the applicant was serving as a Watchman on the disputed property and the other side had come to the land for claiming possession. It is submitted that during the scuffle, it is alleged that a shot was fired from the gun of the present applicant and which resulted into an injury to

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Page 1 of 4

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R/CR.MA/2647/2022 ORDER DATED: 17/03/2022

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the other side. It is submitted that the co-accused has been acquitted and since the applicant was serving in the Security Agency, the immediate arrest of the applicant could not be made and therefore, he was shown as an absconder. It is submitted that it was an internal land dispute between the parties where the present applicant being a Security Guard has performed his duty. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

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Learned Additional Public Prosecutor vehemently contended that the present applicant cannot be granted any concession of the Court since he had remained absconding for 11 years. It is further contended that since the applicant is from the State of Uttar Pradesh, he may not be available for trial. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

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Heard learned Advocates on both the sides and perused the material on record. It appears that the dispute was regarding some rights on the land and the possession was claimed by way of Regular Civil Suit No.33/2010 which is pending in the Court of the learned Civil Judge (JD), Vijapur. The present applicant was serving as a Guard

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Page 2 of 4

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R/CR.MA/2647/2022 ORDER DATED: 17/03/2022

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on the agricultural land. Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the First Information Report being I-C.R. No.164 of 2010 registered with Vijapur Police Station, District Mahesana on executing a personal bond of Rs.15,000/(Rupees Fifteen 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;

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

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[d] not leave Gujarat, till the completion of the trial and without prior permission of the concerned trial court;

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[e] furnish the present address of residence as well as the mobile / contact numbers 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 concerned trial court;

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Page 3 of 4

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R/CR.MA/2647/2022 ORDER DATED: 17/03/2022

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 lower Court having jurisdiction to try the case.

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Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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Sd/- (GITA GOPI,J)

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CAROLINE

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Rajeshkumar @ Bablu Ramharakh Rajput v. State of Gujarat

Case brief

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Rajeshkumar @ Bablu Ramharakh Rajput v. State of Gujarat

Case brief

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