2020 (12) TMI 1393 - HC - Indian Laws

Seeking grant of regular bail - entitlement of benefit of parity - HELD THAT - 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. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11993005200314 of 2020 registered with Adesar Police Station, District Kutch-Gandhidham (East) on executing a personal bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions imposed - application allowed.

Summary

Issues:
Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR involving multiple sections of IPC, Arms Act, and G.P. Act.

Analysis:
The judgment pertains to an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with an FIR registered at Adesar Police Station, District Kutch-Gandhidham (East). The FIR includes charges under various sections of the Indian Penal Code (IPC) such as Sections 302, 143, 144, 147, 148, 149, 341, 384, 120(B), and 506(2), as well as under Sections 25(1-b)A, 27, and 29 of the Arms Act and Section 135 of the G.P. Act.

The applicant sought bail on grounds of parity with a co-accused who had been granted bail earlier. The applicant's counsel argued for bail, emphasizing the nature of the offense and requesting suitable conditions be imposed. The State's counsel opposed bail based on the gravity of the offense but did not dispute the parity argument presented by the applicant's counsel.

After hearing both sides and considering the facts, allegations, gravity of offenses, and the accused's role without delving into detailed evidence, the Court decided to grant regular bail to the applicant. The Court also referred to the legal precedent set by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. CBI, [2012] 1 SCC 40.

The Court granted bail to the applicant on the condition of executing a personal bond of Rs. 10,000 with one surety of the same amount. Additionally, specific conditions were imposed, including not misusing liberty, cooperating with authorities, surrendering passport if any, reporting to the police station monthly, providing the current address, and not leaving India without permission. Breach of these conditions could lead to appropriate action by the Sessions Judge concerned.

Furthermore, the Court directed that the Trial Court should not be influenced by the prima facie observations made in the current order during the trial. The Rule was made absolute to the specified extent, and the Registry was instructed to communicate the order to the relevant court via email.