Gujarat High CourtJatinkumar Kantibhai Lallubhai Patel vs State Of Gujarat on 10 November, 2022Author:Ashokkumar C. JoshiBench:Ashokkumar C. JoshiR/CR.MA/19041/2021                              ORDER DATED: 10/11/2022\n\n\n\n\n        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD\n\n         R/CRIMINAL MISC. APPLICATION NO. 19041 of 2021\n                             With\n          R/CRIMINAL MISC. APPLICATION NO. 2901 of 2022\n\n======================================================\n          JATINKUMAR KANTIBHAI LALLUBHAI PATEL\n                             Versus\n                   STATE OF GUJARAT\n======================================================\nAppearance:\nMR M V RAMANI(10326) for the Applicant(s) No. 1\nMR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1\nMS. KRUTI M SHAH(2428) for the Respondent(s) No. 1\nMR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1\n======================================================\n\n CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI\n\n                             Date : 10/11/2022\n\n                              ORAL ORDER1.      Both this applications are filed by the applicant - accused underSection 439of the Code of Criminal Procedure, 1973 for enlarging the\napplicant on Regular Bail in connection with FIR being C. R. Nos.\n11214020210094 of 2021 and 11214020210384 of 2021 registered with\nKamrej Police Station, District: Surat (Rural) for the offences punishable\nunderSections 420,120-B,465,467,468, and471of the Indian Penal\nCode, 1860 (IPC).2.      Heard learned advocate Mr. Vaibhav Sheth for the applicant, learned\nAdditional Public Prosecutor Mr. Tirthraj Pandya for the respondent - State\nand learned advocate Ms. Kruti M. Shah for the original complainants.Page 1 of 5Downloaded on : Thu Nov 10 21:08:00 IST 2022R/CR.MA/19041/2021                               ORDER DATED: 10/11/2022\n\n\n\n\nSubmissions of the Parties:3.       The learned advocate for the applicant - accused has submitted that\nthe applicant - accused is an innocent person and falsely implicated in the\noffence in question. It is submitted that in the present case, the applicant is\ncharged with the aforesaid offences under theIPC, however, the ingredients\nof the said offences have not been satisfied. It is further submitted that the\napplicant and original complainants, are relatives i.e. father-son and\nhusband-wife (divorced), and producing the affidavits dated 08.11.2022,\nduly sworn on a stamp paper of Rs.50/- each by the applicant, it is submitted\nthat the applicant has waived off all his rights over the property in question\nas per the terms of the affidavits and further, the applicant would cooperate\nin the documentation process also. Further, the applicant shall abide by the\naverments made in the affidavits.3.1      It is further submitted that the investigation is over and the charge\nsheet is already filed and accordingly, there is no possibility of tampering\nand hampering with the evidence.3.2      Further, it is submitted that the applicant has family roots in the\nsociety and therefore, the applicant is not likely to flee away from justice.\nThat the applicant will abide by whatever conditions imposed by the Court.\nThe learned advocate for the applicant has further vehemently submitted that\nthere is no direct involvement of the applicant - accused in the present case\nso far as allegations are concerned. It is, therefore, prayed that discretion\nmay kindly be exercised and grant bail to the applicant - accused.4.       Per contra, learned Additional Public Prosecutor for the respondent- State as well as learned advocate Ms. Kruti M. Shah for the original\ncomplainants, while vehemently opposing the applications, submitted that\nfrom the charge sheet papers, prima facie case is made out against thePage 2 of 5Downloaded on : Thu Nov 10 21:08:00 IST 2022R/CR.MA/19041/2021                                   ORDER DATED: 10/11/2022\n\n\n\n\npresent applicant. Therefore, it is urged that discretion may not be exercised\nand ultimately, have opposed the grant of bail looking to the nature and\ngravity of offence, involvement of the applicant - accused.Merits of the Case:5.      This court has considered the following aspects:(a)     the investigation is over and charge sheet is filed;(b) further as per the catena of decisions of Hon'ble Apex Court,\n        there are mainly three factors which are required to be considered by\n        this Court i.e. prima facie case, availability of applicant - accused at\n        the time of trial and tampering and hampering with the witnesses by\n        the accused;(c) that the learned advocate for the applicant has submitted that\n        the applicant - accused is not likely to flee away;(d)     that the applicant - accused is in custody since 23.02.2021;(e) the applicant has filed the affidavits, as aforesaid, by which,\n        the applicant has undertaken to waive off his right in the property in\n        question and the learned advocate for the applicant has assured that\n        the applicant shall abide by the same;(f)   Ms. Kruti Shah, learned advocate for the original complainant\n        has drawn the attention of the Court to an order dated 01.08.2022\n        passed by the coordinate Bench in Criminal Misc. Application No.\n        14245 of 2022 whereby, the Court has quashed the FIR (C. R. Nos.11214020210094 of 2021) qua co-accused - Dinesh Vasrambhai\n        Bambhroliya taking into consideration the terms of affidavit etc.(f)    the law laid down by the Hon'ble Apex Court in the case ofSanjay Chandra v. C.B.I. Reportedin (2012) 1 SCC 40, wherein it\n        is held that bail is a rule and jail is an exception and there should not\n        be pre-trial punishment.6.      Having heard the learned advocates for the parties and perusing the\nrecord produced in this case as well as taking into consideration the facts ofPage 3 of 5Downloaded on : Thu Nov 10 21:08:00 IST 2022R/CR.MA/19041/2021                                   ORDER DATED: 10/11/2022\n\n\n\n\nthe case, nature of allegations, gravity of accusation, availability of the\napplicant - accused at the time of trial etc. and the role attributed to the\npresent applicant - accused and the fact that the applicant has filed the\naffidavits, as aforesaid and assures to abide by the same, the present\napplications deserve to be allowed and accordingly stand allowed. Applicant- accused - JATINKUMAR KANTIBHAI LALLUBHAI PATEL is ordered\nto be released on regular bail in connection with above-referred FIRs, on\nexecuting a personal bond of Rs.50,000/- each with one surety each of the\nlike amount to the satisfaction of the trial Court, subject to the following\nconditions that the applicant shall:(a)   not directly or indirectly make any inducement, threat or\n       promise to any person acquainted with the fact of the case so as to\n       dissuade him from disclosing such facts to the Court or any Police\n       Officer or tamper with the evidence;(b) maintain law and order and not to indulge in any criminal\n       activities;(c)   furnish the documentary proof of complete, correct and present\n       address of his residence to the Investigating Officer and to the trial\n       Court at the time of executing the bond and shall not change his\n       residence without prior permission of the trial Court;(d) provide his contact numbers as well as the contact numbers of\n       the sureties before the trial Court. In case of change in such numbers\n       inform in writing immediately to the trial Court;(e)   file an affidavit stating his immovable properties whether self\n       acquired or ancestral with description, location and present value of\n       such properties before the trial Court, if any;(f)     not leave India without prior permission of the trial Court;(g) surrender passport, if any, before the trial Court within a week.If he does not possess passport, he shall file an affidavit to that effect;(h)     mark presence before the concerned police station once in aPage 4 of 5Downloaded on : Thu Nov 10 21:08:00 IST 2022R/CR.MA/19041/2021                                ORDER DATED: 10/11/2022month between 11:00 a.m. and 2:00 p.m. for a period of one year or\n         till the trial is over, whichever is earlier;(i)    shall maintain all the rules and regulations framed by the\n         Municipality regarding contemporary status of corona virus/Covid-\n         19, State Government or by any competent authority, including social\n         distancing.6.1      Bail bond to be executed before the trial Court having jurisdiction to\ntry the case. It would be open for the trial Court concerned to give time to\nfurnish the solvency certificate, if prayed for.6.2      If breach of any of the above conditions is committed, the trial Court\nconcerned will be free to issue warrant or take appropriate action according\nto law. The Authorities shall release the applicant forthwith only if the\napplicant is not required in connection with any other offence for the time\nbeing.6.3      At the trial, the concerned trial Court shall not be influenced by the\nprima facie observations made by this Court in the present order.7.       Rule is made absolute accordingly. Direct service is permitted.[ A. C. Joshi, J. ]\nhiren\n/146Page 5 of 5Downloaded on : Thu Nov 10 21:08:00 IST 2022