Jugesh @ Jignesh Dhirubhai ... vs State Of Gujarat

1. 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.I­251 of 2018 registered with Vastrapur Police Station, District Ahmedabad City, for offence under Sections 302, 143, 147, 148, 149, 323 and 294(b) of the Indian Penal Code and Section 135(1) 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 respondent­ State has opposed grant of regular bail looking to the nature and gravity of the 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 Page 1 of 4 Downloaded on : Tue Jan 07 23:31:25 IST 2020 R/CR.MA/22040/2019 ORDER 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) the applicant is in Jail since 18.11.2018;

(b) investigation is concluded and charge­sheet is filed;

(c) it is submitted by the learned advocate for the applicant that two other co­accused have been enlarged on bail by this Court. Copies of the said orders are placed on record;

(e) it is submitted that after the first informant has given the FIR on 09.11.2018, further statement was recorded on the very same day wherein he has changed his version. Thereafter, the third statement was recorded on 02.01.2019 wherein also, he has admitted in his statement that the cause of the incident narrated by him in the FIR is not correct and he has wrongly given the names of some of the accused;

(f) learned advocate for the applicant has referred the further statements of the first informant, which are placed on record;

(g) it is further submitted that from the clothes of the applicant, no blood stains were found and even knife is not recovered or discovered from the applicant; and

(h) looking to the facts and circumstances of the Page 2 of 4 Downloaded on : Tue Jan 07 23:31:25 IST 2020 R/CR.MA/22040/2019 ORDER present case, I am inclined to consider the case of the applicant.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. 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.I­251 of 2018 registered with Vastrapur Police Station, District Ahmedabad City, 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;

[d] not leave the India without prior permission of the concerned trial court; [e] mark presence before the concerned 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 Page 3 of 4 Downloaded on : Tue Jan 07 23:31:25 IST 2020 R/CR.MA/22040/2019 ORDER 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 made by this Court in the present order.

11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 4 of 4 Downloaded on : Tue Jan 07 23:31:25 IST 2020