1. This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging him on Regular Bail in connection with FIR No. 11196026200174 of 2020 registered with Ravpura Police Station, District-Vadodara City for the offences punishable under Sections 406, 419, 467, 468, 471, 120B, 198, 199, 200 and 511 of Indian Penal Code.
2. Heard learned Advocate Mr. Kishan Prajapati for the Applicant and learned APP Mr. H. K. Patel for the Respondent State through Video Conference.
3. Rule. Learned APP waives service of Rule for the Respondent State of Gujarat.
Submission of the Parties:
4. Learned Advocate for the Applicant / Accused has vehemently submitted that some of the co-accused have been enlarged on regular bail either by the Sessions Court or co-ordinate bench of this Court, therefore parity may Page 1 of 4 Downloaded on : Sat Aug 29 02:09:09 IST 2020 R/CR.MA/12123/2020 ORDER kindly be given. Learned advocate for the applicant further submitted that this is a case of documentary evidence and Sitaben is a lady prime accused. The applicant has family roots in the society and therefore, he is not likely to flee away from justice. That applicant will abide by whatever conditions imposed by the Hon'ble Court. He has therefore prayed that discretion may kindly be exercised and grant regular bail to the Applicant -Accused.
5. Per contra, learned APP has vehemently opposed the bail application and argued that the co-accused are enlarged after filing of the charge-sheet. Further, learned APP submitted that the present applicant has played serious role in the crime since he is mastermind and he instigated and arranged everything and prepared false affidavit and forged Adharcard. He is the main conspirator in the conspiracy. The amount involved in the crime is Rs.1.15 Crore and odd. Learned APP has opposed grant of bail looking to the nature and gravity of offence, involvement of the Applicant / Accused. He further submitted that if the Hon'ble Court is inclined to grant bail then in such case strict conditions may be imposed to secure the presence of the Applicant Accused.
Merits of the Case:
6. This court has considered the following aspects:
(a) It is undisputed fact that the offence committed is under Section 467 of the IPC, wherein the punishment is upto life imprisonment, but this case is documentary in nature. Moreover, the remand of the applicant is over.
(b) Further, the lady prime accused Sitaben as alleged in the FIR has been enlarged by the Sessions Court in Criminal Misc. Application No. 1018 of 2020 and co-accused viz. Yunusbhai Najirbhai Parmar has been enlarged by the co-ordinate bench of this Court in Criminal Misc. Application No. 9629 of 2020 by an order dated 24.07.2020
(c) That even if it is a prima facie case, then also as such there is no antecedent.
mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.
(e) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.
(f) That the Applicant Accused is in custody since 28.07.2020.
(g) In humble view of this Court there should not be pre trial punishment.
(h) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40, wherein it is held that bail is a rule and jail is an exception.
7. .Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. The Applicant Accused - KHALID RASULBHAI VAGHELA is ordered to be released on regular bail in connection with FIR No. 11196026200174 of 2020 registered with Ravpura Police Station, District Vadodara on executing a personal bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of his residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change his residence without prior permission Page 3 of 4 Downloaded on : Sat Aug 29 02:09:09 IST 2020 R/CR.MA/12123/2020 ORDER of the trial Court.
(d) provide his contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If he does not possess passport, he shall file an Affidavit to that effect.
(h) shall maintain all the rules and regulations framed by the Municipal Corporation regarding contemporary status of corona virus/Covid-19, State Government or by any competent authority, including social distancing.
(i) shall mark presence twice in a month before the concerned Police station between 11.00 am to 1.00 pm till the filing of the charge-sheet or commencement of trial whichever is earlier.
8. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
9. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if he is not required in connection with any other offence for the time being.
10. Rule is made absolute. The Registry is directed to communicate this order by Fax / by E-mail to the concerned Court / Authority.
(DR. ASHOKKUMAR C. JOSHI,J) prk/Zgs Page 4 of 4 Downloaded on : Sat Aug 29 02:09:09 IST 2020