PRIYARAJSINH JAGDISHSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being Code by quashing and setting aside the order dated 11.04.2017 passed by learned 8th Additional (Ad-hoc) Sessions Judge, Bhuj-Kachchh.

(2.) Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant was released on bail by this Court vide order dated 05.10.2016 passed in Criminal Misc. Application No.22986 of 2016 by imposing certain conditions and one of the conditions was that the applicant shall not enter into Bhuj City till the trial is over, but the applicant committed breach of the said condition and that is why the bail granted by this Court was order to be cancelled by the trial Court vide order dated 11.04.2017 and being aggrieved with the said order the present application is filed by the applicant seeking regular bail in connection with the C.R.No.I-91/2016 registered with Bhuj City 'A' Police Station, for the offences punishable under Sections 366 , 354 , 323 , 504 , 506(2) and 114 of the Indian Penal Code. Learned advocate for the applicant further submits that the trial of the Sessions Case No.66 of 2016 is commenced and some of the prosecution including prosecutrix have been examined. While referring the evidence of the prosecutrix, learned advocate submits that the prosecutrix has not supported the prosecution case, and therefore, the applicant may be enlarged on bail by imposing appropriate conditions. Learned advocate for the applicant upon instructions submits that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs.5,000.00 before the District Legal Service Authority, Kuchchh at Bhuj at the time of executing bail bond. It is also stated that the applicant will not claim any refund in the event of acquittal in future. It is further submitted that the applicant is having roots in Kachchh District and also having responsibility towards his family and the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by quashing and setting aside the order 11.04.2017 passed by the trial Court.