Kamlesh @ Kevin Bhanjibhai Bera vs State Of Gujarat

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I­1 of 2020 registered with A.T.S. Police Station, District: Ahmedabad for the offence punishable under Sections 379 and 120(B)of the Indian Penal Code; Section 15(2)(4) of the Petroleum and Mineral Pipeline Act; Sections 3 and 4 of the Damage to Public Property Act and Section 4 of the Explosive Substance Act.

Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by Page 1 of 5 Downloaded on : Sat Aug 29 03:10:19 IST 2020 R/CR.MA/9710/2020 ORDER imposing suitable conditions. Learned advocate for the applicant further submits that co­accused Sultan Babukhan Pathan has been released on regular bail by this Court (Coram: Hon'ble Mr. Justice R.P. Dholaria) vide order dated 06.07.2020 in Criminal Misc. Application No. 8667 of 2020; co­accused Ashok Ranmal Dodiya has been released on anticipatory bail by this Court (Coram: Hon'ble Ms. Justice Gita Gopi) vide order dated 14.08.2020 in Criminal Misc. Application No. 9171 of 2020 and co­accused Mohammed Naushad @ Raju Ashrafbhai Shaikh has been released on regular bail by this Court (Coram: Hon'ble Ms. Justice Sangeeta K. Vishen) vide order dated 11.08.2020 in Criminal Misc. Application No. 9933 of 2020, thus on the ground of parity, the present applicant may be released on bail.

Learned Additional Public Prosecutor appearing on behalf of the respondent­State has opposed grant of regular bail looking to the nature and gravity of the offence. She further submits that huge scam was made by present applicant alongwith other co­accused. That, puncture was made by the Page 2 of 5 Downloaded on : Sat Aug 29 03:10:19 IST 2020 R/CR.MA/9710/2020 ORDER present applicant in the petroleum pipe,which was dangerous to the human life as well as public at large. As the applicant is involved in such kind serious offence as well as offence of causing damages to the property, he may not be released on bail and, therefore, she has requested to present application.

I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

In the facts and circumstances of the case and considering the fact that the nature of allegations made against the applicant in the FIR as well as considering the ground of parity, as the co­accused of this offence have been released on bail by this Court, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.I­1 of 2020 registered with A.T.S. Police Station, District: Ahmedabad on executing Page 3 of 5 Downloaded on : Sat Aug 29 03:10:19 IST 2020 R/CR.MA/9710/2020 ORDER 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 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] 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;

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 Page 4 of 5 Downloaded on : Sat Aug 29 03:10:19 IST 2020 R/CR.MA/9710/2020 ORDER 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.

Rule is made absolute to the aforesaid extent. This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.

(B.N. KARIA, J) MARY VADAKKAN Page 5 of 5 Downloaded on : Sat Aug 29 03:10:19 IST 2020