Dilipbhai @ Dahyabhai Gagjibhai ... vs State Of Gujarat

1. Rule. Learned APP waives service of Rule on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.II-3008/2016 registered with Khambhat Rural Police Station, District Anand for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

3. Learned advocate for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the alleged Page 1 of 4 HC-NIC Page 1 of 4 Created On Thu May 05 03:45:29 IST 2016 R/CR.MA/10314/2016 ORDER offences. There is no possibility of tampering with the evidence. Therefore, considering the nature of allegations, looking to the nature and gravity of the offence and the role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected.

5. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.

6. The applicant has already been acquitted in Criminal Case No.2025/2004 on 13.04.2016 and his bail application was admittedly rejected for the reason that he was absconded in the aforesaid offences and therefore, the cause does not survive for issuance of the warrant. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the First Information Report, this Court is of the opinion that discretion is required to be exercised in Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu May 05 03:45:29 IST 2016 R/CR.MA/10314/2016 ORDER favour of the applicant for grant of bail as now there is no possibility of tampering with the evidence. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.II-3008/2016 registered with Khambhat Rural Police Station, District Anand on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court, and subject to the following conditions, that the applicant 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; [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.; [f] furnish latest and permanent 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 this Court;

7. The authorities will release the applicant only if he is not required Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu May 05 03:45:29 IST 2016 R/CR.MA/10314/2016 ORDER 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 learned 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. 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 applicant on bail.

8. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(R.P.DHOLARIA,J.) rakesh/ Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu May 05 03:45:29 IST 2016