Chhaniyabhai Singabhai Vasava vs State Of Gujarat

1. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I­49 of 2018 registered with Uchchhal Police Station, Tapi for offence under Sections 302, 34, 109 of IPC and Section 135 of the Gujarat Police Act.

2. 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.

3. Learned APP appearing on behalf of the respondent­State has opposed grant of regular bail looking to the nature and gravity of the Page 1 of 5 Downloaded on : Thu Jan 09 01:01:02 IST 2020 R/CR.MA/23651/2019 ORDER offence.

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

5. Having heard the learned advocates for the parties and perusing the material 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, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. This Court has considered following aspects,

(a) applicant is in jail since 18.11.2018;

(b) investigation is concluded and charge­ sheet is filed;

(c) this successive bail application is filed by the applicant on the ground of change of circumstances. It is submitted by learned advocate for the applicant that after the applicant has withdrawn the application on 27.06.2019 filed before this Court, the coordinate bench of this court has enlarged the co­ accused on bail vide order dated 12.12.2019 and therefore on the ground of parity, case of the applicant be considered. Copy of the said order is Page 2 of 5 Downloaded on : Thu Jan 09 01:01:02 IST 2020 R/CR.MA/23651/2019 ORDER placed on record.

In view of the aforesaid submissions canvassed by learned advocate for the applicant and looking to the facts and circumstances of the present case, I am inclined to consider the case of the applicant on the ground of parity.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra V C.R.No.I­49 of 2018 registered with Ucchal Police Station, Tapis. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed.

The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I­49 of 2018 registered with Uchchhal Police Station, Tapi 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; [a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week;

Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present 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 concerned trial court;

9. 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. 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.

10. At the trial, the Trial Court shall not be influenced by the prima facie observations Page 4 of 5 Downloaded on : Thu Jan 09 01:01:02 IST 2020 R/CR.MA/23651/2019 ORDER made by this Court in the present order. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J) Jani Page 5 of 5 Downloaded on : Thu Jan 09 01:01:02 IST 2020