GUDDUKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Ramnandan Singh appearing for the applicant.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail seeking release of present applicant in connection with FIR being C.R.No.I- 156 of 2007 dtd. 17/11/2007 registered with Valsad City Police Station, Valsad which has culminated into Criminal Case No.1996 of 2008 pending in the Court learned Chief Judicial Magistrate, Valsad.

(3.) It is the case of the present applicant that he was one of the accused in the FIR being C.R. No.I-156 of 2007 registered under the provisions of 419, 420 and 114 of Indian Penal Code and he was shown as accused No.4. It was alleged against the present applicant that in the recruitment process the present applicant took part in the recruitment process on the basis of fake documents. The FIR was registered against 12 persons. However, according to learned advocate Mr. Ramnandan Singh the allegation against the present applicant was that in physical examination he run instead of some other person and therefore, he also was implicated in respect of the aforesaid case. The present applicant was enlarged on bail by order dtd. 3/12/2007 however, the aforesaid photocopy of the order is produced on record which does not bear any number of application. Pursuant to the aforesaid order, the present applicant was enlarged on bail thereafter he did not remain present during the course of trial and therefore, a process was issued. A person who executed bail bond in his favour was called for that person viz. Rajesh Mohanbhai Patel deposited a sum of Rs.5,000.00 in the Trial Court on 21/4/2016 and the case was registered as dormant case vide order dtd. 4/12/2017. Thereafter, it was found that the present applicant is serving in CISF and ultimately he was arrested on 16/3/2023 after continuously breaching the condition of bail to remain present almost for ten years.