R/CR.MA/1893/2024 ORDER DATED: 31/01/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 1893 of 2024
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SANDIPBHAI RAJESHBHAI PADHIYAR
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 31/01/2024
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
2. The present successive application is filed under Section
439 of the Code of Criminal Procedure, 1973, for regular bail in
connection with the FIR being C.R. No.11208051230875 of
2023 registered with the “B’ Division Police Station, Rajkot of
the offence punishable under Sections 306, 323, 506(2) and
114 of the IPC.
3. Learned advocate appearing for the applicant has
submitted that the applicant-accused was arrested on
11.10.2023 and since then he is in jail. Learned advocate for
the applicant has also submitted that the investigation has
already been completed and charge-sheet has also been filed.
Learned advocate for the applicant has submitted that the
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R/CR.MA/1893/2024 ORDER DATED: 31/01/2024
other co-accused with graver role than that of the applicant-
accused, has already been released on bail by this very Court.
Learned advocate for the applicant has further submitted that
the applicant-accused does not have any past antecedents.
Under the circumstances, learned advocate for the applicant
prays that the applicant may be enlarged on bail on any
suitable terms and conditions.
4. The learned APP appearing on behalf of the respondent-
State has opposed grant of regular bail looking to the nature
and gravity of the offence. Learned APP has submitted that
considering the role attributed to the applicant-accused, this is
a fit case wherein discretionary power of this Court is not
required to be exercised in favour of the applicant-accused.
5. The learned advocates appearing on behalf of the
respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf
of the respective parties and perused the papers of the
investigation and considered the allegations levelled against
the applicant and the role played by the applicant. This Court
has also considered the following aspects;
a) That the investigation has already been completed and
charge-sheet has also been filed;
b) That the applicant-accused is in jail since 11.10.2023;
c) That the other co-accused having graver role than the
role of the applicant-accused has already been released on
bail;
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R/CR.MA/1893/2024 ORDER DATED: 31/01/2024
d) That the applicant-accused does not have any past
antecedents;
7. This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay Chandra
v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
8. In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the FIR, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a fit case to
exercise the discretion and enlarge the applicant on regular
bail.
9. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in
connection with the FIR being C.R. No.11208051230875 of
2023 registered with the “B’ Division Police Station, Rajkot, 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 injuries 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;
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R/CR.MA/1893/2024 ORDER DATED: 31/01/2024
[e] mark presence before the concerned Police Station on
alternate Monday 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 this Court;
10. 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.
11. 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.
12. 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.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
VAHID
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