This application is filed by the applicant under Section 439 of the Criminal Procedure Code, 1973 for releasing him on regular bail in connection with CR No.I-30 of 2010 registered with DCB Police Station, Surat for the offences punishable under Sections 363, 364(A), 342, 387, 395, 120(B), 34, 504 and 188 of the Indian Penal Code and under Section 25(1)(A) of the Arms Act.
Heard learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Learned counsel for the applicant has submitted that the applicant is innocent and as per the prosecution case itself, the applicant has not played any active role. He, therefore, contended that the applicant may kindly be enlarged on regular bail.
As against this, Mr.Jani, learned Additional Public Prosecutor, has read the order passed by the learned trial Court and vehemently opposed the present application.
I have gone through the order passed by the trial Court as well as papers produced on record of the case. Looking to the facts of the case and papers produced before me, I am inclined to release the applicant on regular bail.
Learned counsel for the parties do not press for a reasoned order.
Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR No.I-30 of 2010 registered with DCB Police Station, Surat for the offences alleged against him in this application on his executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall, (I) not take undue advantage of his liberty or abuse his liberty;
(ii) not act in a manner injurious to the prosecution;
(iii) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge;
(iv) furnish the present address of residence to the Investigating Officer as well as to the Court at the time of furnishing bond and shall not change his residence till further orders;
(v) Surrender his passport, if any, to the lower Court within a week;
(vi) maintain law and order;
The Authority will release the applicant only if he is not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the concerned Sessions Judge 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.
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.
(Z.
K. Saiyed, J) Anup Top