Gujarat High CourtArun Thakor S/O Karansingh ... vs State Of Gujarat on 6 December, 2023Bench: M. R. MengdeyNEUTRAL CITATION\n\n\n\n\n      R/CR.MA/2660/2023                                 ORDER DATED: 06/12/2023\n\n                                                                                       undefined\n\n\n\n\n             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD\n\n      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER\n                  CHARGESHEET) NO. 2660 of 2023\n\n==========================================================\n                 ARUN THAKOR S/O KARANSINGH SIBBUSINDH\n                                 Versus\n                           STATE OF GUJARAT\n==========================================================\nAppearance:\nMR NK MAJMUDAR(430) for the Applicant(s) No. 1\nMR. UTKARSH SHARMA, APP for the Respondent(s) No. 1\n==========================================================\n\n     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY\n\n                               Date : 06/12/2023\n\n                                ORAL ORDER1.      The Applicant has filed this Application underSection 439of the Code\nof Criminal Procedure for enlarging the Applicant on Regular Bail in\nconnection with FIR being C.R. No. 11199021211890/2021 registered with\nAnkleshwar GIDC Police Station, Bharuch.2.      Heard learned Advocate for the Applicant and learned APP for the\nRespondent - State.3.      Learned Advocate for the Applicant has submitted that the Applicant\nhas good reputation in the society and no useful purpose would be served by\nkeeping the applicant in jail for indefinite period. It is further contended that\nthe applicant is ready and willing to abide by all the conditions that may be\nimposed by this Court if released on bail.4.      Per contra, learned APP has vehemently opposed the present application\nfor grant of regular bail inter alia contending that the Applicant had called the\ndeceased and thereafter the deceased was taken with an intention of robbingPage 1 of 4Downloaded on : Wed Dec 06 20:49:55 IST 2023NEUTRAL CITATION\n\n\n\n\n      R/CR.MA/2660/2023                                  ORDER DATED: 06/12/2023\n\n                                                                                       undefined\n\n\n\n\nhim with a money of Provident Fund and that the Applicant is the main\naccused and he is the main perpetrator in the crime. Therefore, looking to the\nnature and gravity of offence, it is requested that, this Court may not exercise\nthe discretion in favour of the applicant and the Application may be dismissed.5.      As per the case of the prosecution, the role attributed to the present\nApplicant is to the effect that after having called the deceased he was taken by\nthe Applicant and the other coaccused persons and thereafter the other\ncoaccused persons have inflicted blows on the head of the deceased with a\nwooden log and thereafter the Applicant inflicted knife blows on his neck. In\nthis regard, as per the PM Report, no external injuries in the form of incised\nwounds are caused to the deceased on his neck. Therefore, the theory of\ninflicting knife blows on the deceased does not support the case of the other\nside. Moreover the cause of death was due to Haemorrhagic shock due to\nsevere Crauiocerebral injuries following severe head injuries. Admittedly, no\ninjuries have been caused by the present Applicant on the head of the deceased.\nConsidering the aforesaid aspects, the Application deserves consideration. This\ncourt has also considered the following aspects:(a)     As per catena of decisions of Hon'ble Supreme Court, there are mainly\n3 factors which are required to be considered by this court i.e. prima facie case,\navailability of Applicant accused at the time of trial and tampering and\nhampering with the witnesses by the accused.(b) That the learned Advocate for the Applicant has submitted that the\nApplicant Accused is not likely to flee away.(c) That the Applicant is in custody since 21.11.2021.(d) The law laid down by the Hon'ble Apex Court in the case ofSanjay\nChandra v. C.B.I. Reportedin (2012) 1 SCC 40.6.      Having heard the learned Advocates for the parties and perusing the\nrecord produced in this case as well as taking into consideration the facts of thePage 2 of 4Downloaded on : Wed Dec 06 20:49:55 IST 2023NEUTRAL CITATION\n\n\n\n\n    R/CR.MA/2660/2023                                      ORDER DATED: 06/12/2023\n\n                                                                                          undefined\n\n\n\n\ncase, nature of allegations, gravity of accusation, availability of the Applicant\nAccused at the time of Trial etc. and the role attributed to the present Applicant\naccused, the present Application deserves to be allowed and accordingly stands\nallowed. This Court has also gone through the FIR and police papers and also\nthe earlier order passed by the learned Sessions Court where the learned\nSessions Judge has disallowed the bail Application at initial stage.                 The\nApplicant Accused is ordered to be released on bail in connection with the\naforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of\nthe like amount to the satisfaction of the trial Court, subject to the following\nconditions that he shall:(a) not directly or indirectly make any inducement, threat or promise to any\nperson acquainted with the fact of the case so as to dissuade him from\ndisclosing such facts to the Court or any Police Officer or tamper with the\nevidence.(b) maintain law and order and not to indulge in any criminal activities.(c) furnish the documentary proof of complete, correct and present address of\nresidence to the Investigating Officer and to the Trial Court at the time of\nexecuting the bond and shall not change the residence without prior permission\nof the trial Court.(d) provide contact numbers as well as the contact numbers of the sureties\nbefore the Trial Court. In case of change in such numbers inform in writing\nimmediately to the trial Court.(e) file an affidavit stating his immovable properties whether self acquired or\nancestral with description, location and present value of such properties before\nthe Trial Court, if any.(f) not leave India without prior permission of the Trial Court(g) surrender passport, if any, to the Trial Court within a week. If the Applicant\ndoes not possess passport, shall file an Affidavit to that effect.Page 3 of 4Downloaded on : Wed Dec 06 20:49:55 IST 2023NEUTRAL CITATION\n\n\n\n\n      R/CR.MA/2660/2023                                     ORDER DATED: 06/12/2023\n\n                                                                                          undefined7.       Bail bond to be executed before the Trial Court having jurisdiction to try\nthe case. It would be open for the Trial Court concerned to give time to furnish\nthe solvency certificate if prayed for.8.       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 to\nlaw. The Authorities will release the Applicant forthwith only if the Applicant\nis not required in connection with any other offence for the time being.9.       At the trial, the concerned trial Court shall not be influenced by the\nprima facie observations made by this Court in the present order.10.      Rule is made absolute. Direct service permitted.(M. R. MENGDEY,J)\nJ.N.W / 67Page 4 of 4Downloaded on : Wed Dec 06 20:49:55 IST 2023