Sanjay Rameshchandra Tripathi vs State Of Gujarat

1. This application has been filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being C.R. No.I-11201017200001 of 2020 lodged before CID Crime Border Zone Bhuj Police Station, District Kutchh, for the offences punishable under Sections 409, 406, 465, 467, 468, 471 and 120B of the Indian Penal Code.

2. Learned advocate Ms. Kruti Shah appearing for the applicant has submitted that the applicant- the then Branch Manager of the Bank, has allegedly conspired with the other accused persons but to cut-short the issue, has submitted that in almost similar set of circumstance, the other co-accused persons have been released on bail. Not only that, but there are as many as four other similar kind of complaints, out of which, in three cases, the applicant has been enlarged on bail by imposing suitable conditions. Hence, without going much into the merit, at the outset, a request is made that since the Coordinate Benches have considered the case of release of the applicant, on the same line, the Court may also consider the request of release of the present applicant on bail in the present case.

Prosecutor Mr. J.K. Shah has submitted that the applicant is involved in large scale of fraud being practiced and the investigation in similar FIR(s) is still in progress and the applicant, being a Branch Manager, appears to be involved in commission of the offence and therefore, no discretion deserves to be exercised. However, Mr. Shah has fairly conceded to the fact that in similar circumstances, in rest of three FIRs, regular bail request has been granted and as such, he has left the matter to the discretion of the Court.

4. Having heard learned advocates appearing for the parties and having gone through the material on record, ex-facie, it appears that in other similar circumstances in respect of the other complaints, the applicant has been enlarged on regular bail and the allegations are almost similar in nature. Such applications are Criminal Misc. Application No.8941 of 2020 decided on 7.7.2020, Criminal Misc. Application No.8891 of 2020 decided on 7.7.2020 and Criminal Misc. Application No.8925 of 2020 decided on 23.7.2020. Hence, when that be so, in the absence of any distinguishable material pointed out to oppose this request, the Court is inclined to consider the request of the present applicant and this is a fit case in which discretion deserves to be exercised.

5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.I- 11201017200001 of 2020 registered with CID Crime Border Zone Bhuj Police Station, District Kutchh, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local 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;

R/CR.MA/8887/2020 ORDER [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 at the concerned Police Station on any

day of the first week of every three English calendar months till the trial is over, between 11.00 a.m. and 2.00 p.m.;

[f] furnish the present address of residence to the I.O. 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;

6. 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 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. 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.

7. Rule made absolute to the aforesaid extent. Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.

(ASHUTOSH J. SHASTRI, J) DRASHTI K. SHUKLA Page 3 of 3 Downloaded on : Sat Jul 25 00:16:01 IST 2020