Shaileshabhai Raghubhai Bhut ... vs State Of Gujarat

1. The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with First Information Report being Prohibition C.R.No.III-223 of 2019 registered with Adesar Police Station for the offence under Sections 65(a)(e), 116B, 98(2) and 81 of the Gujarat Prohibition Act and Sections 406, 420, 465, 468, 471, 120B and 114 of the Indian Penal Code.

2. Heard Mr. Pravin Gondaliya, learned advocate for the applicant and Ms. Nisha Thakor, learned Additional Public Prosecutor for the respondent - State through video conference.

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

4. Ms. Nisha Thakor, learned Additional Public Prosecutor appearing for the respondent - State has opposed this application looking to the nature and gravity of the offence.

5. Learned advocates for the respective parties do not press for further reasoned order.

6. Having heard the learned advocates for the respective parties Page 1 of 3 Downloaded on : Sat Jul 25 01:31:33 IST 2020 R/CR.MA/9056/2020 ORDER and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. This court has considered the aspects, viz. (i) that the applicant is in jail since 1.3.2020; (ii) the investigation is over and chargesheet is filed; (iii) as submitted by the learned advocate for the applicant that only on the statement of the co-accused the applicant has been arraigned and arrested; and (iv) the accused who was present at the scene of the offence, has been released on bail by the co-ordinate Bench of this court by order dated 25.6.2020 in Criminal Miscellaneous Application No.8573 of 2020. This court has also considered the principle enunciated by the Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40 and looking to the overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with First Information Report being Prohibition C.R.No.III-223 of 2019 registered with Adesar Police Station, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that the applicant 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] mark presence before the concerned police station between Page 2 of 3 Downloaded on : Sat Jul 25 01:31:33 IST 2020 R/CR.MA/9056/2020 ORDER 1st to 10th day of every English calendar month between 11:00 a.m. and 2:00 p.m. for a period of six months;

[e] not leave India without prior permission of the concerned trial court;

[g] shall not enter the local limits of Taluka Rapar, inlcuding Village Adesar and Taluka Anjar except for marking presence before the concerned police station;

[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.

9. The authorities shall adhere to its own circular regarding Covid-19 and thereafter 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 learned 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.

10. Needless to say, at the trial, the Trial Court shall not be influenced by the prima facie observations made by this court in the present order.

11. Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned court / jail authority through fax or e-mail, forthwith.

(SANGEETA K. VISHEN,J) BINOY/MISHRA AMIT V.