Sufiyan Sadik Hayat vs State Of Gujarat

Rule. Ms. Shruti Pathak, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent State.

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint bearing FIR No.11207002200061 of 2020 registered with Godhra 'B' Division Police Station, District Panchmahals for the offences punishable under sections 394, 324, 323, 504, 506(2) and 114 of IPC.

2. Mr. Pratik Barot, learned advocate for the applicant, submitted that a dispute arose as regards the ownership of the land on which a building in the name of "Ekta Service Station" has been constructed. The allegation against the applicant is of causing bodily injuries with an iron-pipe on the hip and left Page 1 of 3 Downloaded on : Sat Jul 25 01:26:08 IST 2020 R/CR.MA/9370/2020 ORDER hand of the original complainant. It was submitted that the main roles in the alleged incident has been played by original accused No.1 and 3 and that both the said accused persons have already been enlarged on bail. Further, the original No.1 is reportedly having nine criminal antecedents. It was, accordingly, urged that the case of the applicant is on a much better footing and hence, the applicant may be released on regular bail.

3. Ms. Shruti Pathak, learned Additional Public Prosecutor, submitted that the applicant herein is a notorious person and is also having criminal antecedents. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

4. Heard learned advocates on both the sides and perused the material on record. It appears that the original complainant- victim is out of danger. The co-accused persons, i.e. original accused No.1 and 3, who are alleged to have played a major role in the commission of the alleged offence, have already been released on bail. Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR No.11207002200061 of 2020 registered with Godhra 'B' Division Police Station, District Panchmahals 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;

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 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.

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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