Mohammad Aarif Amirmiya Kagdi vs State Of Gujarat

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11191043200464 of 2020 registered with Shahpur Police Station for offences punishable under sections 307, 337, 332, 333, 186, 143, 145, 147, 149, 151, 152, 188, 120B and 427 of IPC, section 51(b) of the Disaster Management Act and section 3 of the Epidemic Disease Act.

2. Mr. M.M. Kharadi, learned advocate appearing for the applicants, submitted that nine co-accused have already been enlarged on regular bail by this Court vide orders passed in Criminal Misc. Applications No.8083/2020 & allied matters, 9225/2020 and 9259/2020. It was, therefore, prayed that the present application may be allowed and the applicants herein may also be released on regular bail.

R/CR.MA/10057/2020 ORDER

3. Ms. Shruti Pathak, learned Additional Public Prosecutor, opposed the grant of bail to the applicants and submitted that considering the facts and circumstances of the case, no discretion may be exercised in favour of the applicants.

4. Heard learned advocates on both the sides and perused the material on record. It appears that other co-accused have already been released on regular bail by this Court vide orders passed in Criminal Misc. Applications No. No.8083/2020 & allied matters, 9225/2020 and 9259/2020. Considering the facts and circumstances of the case and on the ground of parity, this Court finds this to be a fit case where discretion could be exercised in favour of the applicants.

5. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR No.11191043200464 of 2020 registered with Shahpur Police Station on executing personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount by each of the applicants 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 India without prior permission of the concerned trial court;

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 trial court;

6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicants only if they are 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.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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