The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Lakhtar Police Station, District: Surendrangar CR No.I-69 of 2011 for the offences punishable under Sections 394, 326, 323 and 452 of the Indian Penal Code and Section 135 of the Bombay Police Act.
Mr.Dave, learned advocate for the applicant, at the outset, submitted that, in the instant matter, the entire investigation is over and charge-sheet is filed. It is further submitted that the applicant-accused is not specifically named in the F.I.R. It is further submitted that the from the applicant or at his instance, nothing can be seized or recovered. It is further submitted that all the offences alleged are triable by the Judicial Magistrate First Class.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the F.I.R. and the nature of accusation levelled by the prosecution to the applicant accused and considering the fact that nothing was seized from the applicant-accused or recovered at his instance and further the fact that the entire investigation is over and charge-sheet is filed, the application is deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at Lakhtar Police Station, District: Surendrangar CR No.I-69 of 2011, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount 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 injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) 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 this Court;
The Authorities will release the applicant only if 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.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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 applicant on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top