Allowed

Chandubhai Shankarbhai Ambalal Patel v. State of Gujarat

Gujarat HC24 Aug 2022CR.MA/5621/2022

Case brief

AI extract

What is this about?

Single-judge High Court allowed regular bail application for applicant in a terrorism-related case where investigation concluded and charge-sheet filed, imposing personal bond and strict conditions including restricted movement.

What did the court decide?

Applicant enlarged on regular bail by executing personal bond of Rs.10,000 with one surety, subject to strict conditions including surrender of passport and monthly police appearance.

Chandubhai Shankarbhai Ambalal Patel Vs State of Gujarat — Bail and Remand | Gujarat HC (2022)

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R/CR.MA/5621/2022 ORDER DATED: 24/08/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5621 of 2022

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CHANDUBHAI SHANKARBHAI AMBALAL PATEL

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Versus STATE OF GUJARAT

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Appearance:

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MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1 MR HARDIK SONI, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 24/08/2022

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ORAL ORDER

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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 C.R.NO.I/11209056210972/2021 registered with Himmatnagar B Division Police Station, Sabarkantha for offence under Sections 3(1)(ii), 3(2), 3(4) of the Gujarat Control of Terrorism and Organized Crime 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-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

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Page 1 of 4

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R/CR.MA/5621/2022 ORDER DATED: 24/08/2022

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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 29.06.2021 for the offence which is alleged to have taken place between 01.01.2010 to 31.12.2020.

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II. The applicant is in jail since 29.06.2021.

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

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IV. Submissions of learned advocate for the applicant that though the applicant is sought to be made a member of the organized crime, the only evidence against the applicant is that of a statement of co-accused with regard to prevericate offences.

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V. Submissions of learned advocate for the applicant that the other co-accused, who have played identical role had been enlarged on bail by the coordinate bench of this Court vide order dated 29.07.2022 passed in Criminal Misc. Application No.23098 of 2021 and vide order dated 25.02.2022 passed in Criminal Misc. Application No.23225 of 2021.

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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 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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Page 2 of 4

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R/CR.MA/5621/2022 ORDER DATED: 24/08/2022

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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 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 C.R.NO.I/11209056210972/2021 registered with Himmatnagar B Division Police Station, Sabarkantha , 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

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Page 3 of 4

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R/CR.MA/5621/2022 ORDER DATED: 24/08/2022

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the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

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(g) not enter Dist:Sabarkantha and Dist:Ahmedabad for the period of 6(six) months from the date of his release except marking presence before the concerned Police Station and attending trial proceedings.

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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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GIRISH

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Chandubhai Shankarbhai Ambalal Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Chandubhai Shankarbhai Ambalal Patel v. State of Gujarat

Case brief

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