This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicant, who came to be arrested in connection with CR No.I-116 of 2011 registered at Chaklasi Police Station, Kheda for the offence punishable under Sections 364, 385, 120(B) and 34 of the Indian Penal Code.
Heard Mr.Brijesh Limbachia, learned counsel for the applicant and Mr.K.P. Raval, learned Additional Public Prosecutor for the respondent-State.
Learned counsel Mr.Limbachia for the applicant submitted that the applicant is an innocent person and he has been wrongly implicated in the case. He submitted that from the bare reading of the complaint, it is very clear that no role is attributed to the applicant. He has further contended that one Hanif, co-accused, has already been granted bail by this Court vide order dated 30th April, 2012. The applicant is on same footing. He has also contended that another co-accused has also been granted bail by this Court. He, therefore, contended that on the ground of parity, the applicant may be released on bail. The applicant is not likely to jump the bail, if he is granted bail. No prima faice case is made out against the applicant. He, therefore, contended that the applicant may kindly be enlarged on bail.
As against this, Mr.Raval, learned Additional Public Prosecutor, has vehemently opposed the application of the applicant and submitted that considering the seriousness of offence, in which the applicant is involved, gravity of the offence, quantum of punishment of the alleged offence, discretion may not be exercised in favour of the applicant.
Perused the application along with other papers and on perusal of the papers and role attributed to the applicant as reflected in the FIR, police papers, I am of the view that the applicant deserves to be enlarged on bail. At this stage of bail, the Court is not entering into the merits of the case. This is successive bail application.
In view of the above, I am inclined to enlarge the applicant on bail in connection with C.R.No.I-116 of 2011 of registered with Chaklasi Police Station, Kheda for the alleged offences, on his furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall:
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[e] mark his presence before the concerned police station on every last day of each English Calender between 11:00 a.m. to 1:00 p.m. till the trial is over;
[f] surrender passport, if any, to the Lower Court immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top