Gujarat HC allows Bail to Hardik Patel, directs him to remain outside the state for six months [Read Order]
The Gujarat High Court has granted Bail to Hardik Patel on the main condition that he shall file a fresh notarized undertaking before the Trial Court within a period of two days from the date of his release on the same line as filed before High Court and shall also declare that he is ready and willing to remain outside the territorial limits of State of Gujarat for a period of six months from the date of his release.
Justice AJ Desai has considered the following facts, while granting Bail to Patel
A) That the applicant is behind bar since October, 2015 i.e. more than 8 months. Investigation is over in each case long back and charge-sheets have been filed in the month of January, 2016.
B) The applicant has filed an undertaking in both the cases on the same terms like other accused, who have been enlarged on bail, namely, Dinesh Bhagvanji Patel (Bambhaniya), Ketan Lalitbhai Patel and Chirag Bharatbhai Patel who have been released by Court on filing undertakings before the Court and State has not opposed grant of their bail applications. These accused are members of PAAS since its formation.
C) That the applicant has shown his readiness and willingness to remain outside State of Gujarat for a period of six months from the date of his release, wherein such readiness and willingness has not been shown by any other accused who have been enlarged on bail asking them to remain out of a particular District.
D) That peace is prevailing in the entire State of Gujarat since long.
E) That the case of the applicant qua quashment of the FIR itself is pending before the Apex Court and that too before a larger Bench where the Apex Court is considering the liability of an individual when the public properties are damaged in the name of agitations, burns, strikes etc. in light of the decision of the Apex Court in the case of Destruction of Public and Private Properties, in Re. v. State of Andhra Pradesh and others, (2009) 5 SCC 212.
F) There are no possibilities that the trial would be completed in short time since the offence registered with Amroli Police Station, District Surat is concerned, there are 148 witnesses and as far as the offence registered with DCB Police Station, Ahmedabad is concerned, there are 503 witnesses.
The Court has also considered the undertaking filed by the applicant in the present applications reads as under
"That the applicant, if granted discretionary reliefs, shall continue to agitate the grievances of the Patidar Community without indulging directly or indirectly into any activity which may amount to an offence inviting criminal prosecution.
That the applicant, if granted discretionary reliefs, shall not do or indulge in any acts or activities disturbing the law and order across the State.
That the applicant, if granted discretionary reliefs, shall continue the agitation for reservation on behalf of the Patidar community in a peaceful and democratic manner and shall not indulge in any acts or activities instigating the public at large in any manner whatsoever and shall also maintain public peace.
That the applicant, if granted discretionary reliefs, shall abide by all the conditions imposed by Court and shall not breach any of such conditions as may be imposed by the Court."
As far as the apprehension put forward by the Public Prosecutor that if the applicant is released on bail and even if he is ready and willing to remain outside State of Gujarat for a period of six months, there are possibilities of repeating the offence is concerned, the Court said that there is no material put forward by the Investigating Agency that even if the applicant remains outside the limits of the State of Gujarat, he shall continue the same activities.
Finally Justice Desai has allowed the Application on the following Conditions:
“The applications are allowed and the applicant is ordered to be released on bail in connection with I C.R. No.90 of 2015 with DCB Police Station, Ahmedabad as well as offence registered as I C.R. No.135 of 2015 with Amroli Police Station, Dist. Surat on executing a bond of Rs.50,000/- (Rupees Fifty Thousand only) in each case with two local sureties of Rs.25,000/- in each case to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] file a fresh notarized undertaking before the concerned Trial Court within a period of two days from the date of his release on the same line as filed before the Court and shall also declare that he is ready and willing to remain outside the territorial limits of State of Gujarat for a period of six months from the date of his release;
[d] surrender passport, if any, to the lower Court within a period of two days;
[e] give details of his temporary address outside State of Gujarat where he is going to reside for a period of six months and shall not change the said address without prior permission of the Court;
[f] the Investigating Officer shall inform the local Police of the concerned State within whose local jurisdiction the applicant is going to reside for a period of six months;
[g] responsible Police Officer shall take appropriate steps to see that the applicant reaches safely to the place where he is going to stay for a period of six months. This exercise shall be undertaken within a period of two days from the date of his release.
[h] mark presence at the nearest Police Station where the applicant is going to reside for a period of six months on every Monday of each English Calendar month for a period of six months;
[i] after entering into the limits of State of Gujarat, mark presence at the concerned Police Station on every Monday at Ahmedabad and every Thursday at Surat of each English calendar month for a period of six months and thereafter on any day of the first week of every English calendar month, till the trial is over, between 11.00 a.m. and 2.00 p.m.;
[j] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Court
According to NDTV Report, though Mr Patel was given bail in two cases, he is in jail for another case of. If he gets bail on Monday in that case, he will be free after nine months in prison.
Read the Judgment Here