Nirmal Tejabhai Dangar vs State Of Gujarat

1. Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent-State.

2. This application has been filed under section 439 of the Code of Criminal Procedure for bail in connection with the FIR being I-C.R. No.11208045201300 of 2020 registered with Malaviyanagar Police Station, Rajkot City for offences punishable under sections 307, 324, 114 of the Indian Penal Code and section 135 of the Gujarat Police Act.

3. Mr. Ruturaj Nanavati, learned advocate for the applicant, submitted that the allegation against the present applicant- accused is of giving knife blow on the right side of the chest. Mr. Nanavati, further submitted that the injury was mere abrasion and the victim has been discharged from the hospital. It was therefore, prayed to grant regular bail to the present applicant.

R/CR.MA/11694/2020 ORDER

4. Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that it is premeditated act. All the accused were armed with the weapons and had common intention, hence taking into consideration facts of the case, no discretion should be exercised in favour of the applicant.

5. Heard learned advocates on both the sides and perused the material on record. Since the victim has been discharged from the hospital and the trial will take its own time to commence and conclude, discretion is required to be exercised in favour of the present applicant.

6. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-C.R. No.11208045201300 of 2020 registered with Malaviyanagar Police Station, Rajkot City on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 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 Page 2 of 3 Downloaded on : Thu Aug 27 22:01:15 IST 2020 R/CR.MA/11694/2020 ORDER 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;

7. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 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 is clarified that the Court below shall not be influenced by any of the observation made in this order during the trial.

8. 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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