Kevalbhai Sanjaybhai Patel vs State Of Gujarat

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I- 36 of 2017 with Lunavada Police Station, Mahisagar for the offence punishable under Sections 397,120B, 201, 409,114 and 36 of the Indian Penal Code, under Sections 66, 66(E), 72 of I.T. Act with Section 43 of Gujarat Secondary Education Act.

2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of Page 1 of 5 R/CR.MA/619/2019 ORDER regular bail looking to the nature and gravity of the offence.

4. Learned APP strongly opposed the grant of bail on the ground that applicant is the main person who was responsible for circulating the question paper. During the course of investigation itself it is found that the laptop which was discovered on behest of the co-accused persons, 179 images of question papers were found and therefore, the evidence investigated did not limit to question paper of one subject only. He refers to statement of one independent witness-Dharmesh Vadilal Panchal under Section of 164 of Cr.PC.

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

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

I) The F.I.R. is registered on 24-03-2017 for the offence which is alleged to have taken place on 24-03-2017; II) The applicant is in custody since 16-12-2018; III) The investigation is concluded and charge-sheet is filed; IV) Submission of learned advocate for the applicant that considering the Sections for which the applicant has been charge-sheeted and the same being triable by Magistrate and considering the maximum sentence that can be inflicted; Page 2 of 5

R/CR.MA/619/2019 ORDER V) Learned advocate for the applicant submitted that the applicant is facing serious medical ailment since he was in custody in January 2018;

VI) It is submitted that even during the course of investigation, the applicant has co-operated with the investigation. However, even after filing of the charge-sheet, there is no direct evidence of the applicant that he has removed the question paper from the sealed cover and handed over to the co-accused persons;

VII) Co-accused have been enlarged on regular bail. Hence, applying principle of parity;

VIII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant; This Court has 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.

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I- 36 of 2017 with Lunavada Police Station, Mahisagar on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand Only) with one surety of the like Page 3 of 5 R/CR.MA/619/2019 ORDER 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 State of Gujarat without prior permission of the Sessions Judge concerned;

(e) mark presence before the concerned Police Station on alternate Monday 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 his 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;

Considering the investigation carried out by the Investigating Agency and that the accused have been arrested and even the reports of Forensic Science Laboratory are available on record, no purpose would be served to continue the applicant in custody. However, considering the seriousness of the offences and likelyhood of the applicant influencing the witnesses, it would be appropriate to impose strict conditions, so that investigation qua other accused persons and the trial can progress smoothly without any hindrance. Therefore, following conditions are imposed.

(g) not to enter Dist. Mahisagar and Dist. Dahod except for marking presence, till the conclusion of trial. Page 4 of 5

R/CR.MA/619/2019 ORDER

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.

10. 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.

11. Considering the submissions of learned APP as well as the Board and that the investigation had changed frequently, it would be appropriate to direct the trial to be conducted expeditiously.

12. 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.

13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J) PARESH SOMPURA Page 5 of 5