A.Y. Kogje, J
1. RULE. Learned Additional Public Prosecutor waives service of rule on behalf of the respondentÂState.
2. This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR
registered as C.R. No.IÂ11208053210045 of 2021 with RAJKOT TALUKA POLICE STATION, DISTRICTÂ RAJKOT, for the offence
punishable under Sections 143, 447, 506, 427 and 120(B) of the Indian Penal Code and under SectionsÂ4(1), 4(3), 2(e) of Gujarat Land Grabbing
(Prohibition) Act.
3. Learned AdvocateÂMR. MRUGEN PUROHIT has instruction to appear on behalf of the original complainant. He is permitted to file his
appearance on behalf of the Original Complainant.
4. Learned advocate appearing on behalf of the applicants submits that considering the nature of offence, the applicants may be enlarged on regular
bail by imposing suitable conditions.
5. On the other hand, the learned Additional Public Prosecutor appearing for the respondentÂState has opposed grant of regular bail looking to the
nature and gravity of the offence.
6. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
7. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers.
Following aspects are considered :Â
I) The F.I.R. is registered on 03Â01Â2021 for the offence which is alleged to have taken place between 29Â12Â2020 to 30Â12Â2020.
II) The applicants are in custody since 04Â01Â2021;
III) Learned Advocate for the applicants submitted that matter pertains to land in question of which the applicants claims to be original owner and
therefore, the dispute is with regard to the Civil rights pertaining to land in question.
IV) Learned Advocate for the applicants submitted that civil proceedings / revenue proceedings have also been initiated in connection with the said
very land.
V) Learned Advocate for the applicants submitted that amicable settlment is arrived at with the original complainant and accordingly, settlement pursis
has been produced in the civil proceedings. On the basis of which civil proceedings have been brought to an end.
VI) Learned Advocate for the applicants under the instruction submitted that there are no other antecedents against the applicants;
VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances
against the applicants.
This Court has 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 applicants in the First Information Report,
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
applicants on regular bail.
9. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with C.R. No.IÂ11208053210045
of 2021 with RAJKOT TALUKA POLICE STATION, DISTRICTÂ RAJKOT on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand
Only) EACH with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief
with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court;
10.The authorities will release the applicants only if they are 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 applicants on bail.
13.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
