1. 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-190 of 2010 registered at Udhna Police Station, Surat for the offence punishable under Sections 407, 402, 120-B, 411, 114 of the Indian Penal Code.
3. Learned counsel Mr. Dave 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, there is no role attributed to the applicant. He read the complaint and in this matter, the charge-sheet is filed. He also submitted that the statements produced on record, but there is nothing to say that the prima facie case is not established against the applicant. He also submitted that there is nothing recovered from the applicant. He lastly prayed to release the applicant on regular bail by imposing suitable conditions.
4. Learned APP Mr. Jani strongly 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.
5. Perused the application along with other papers and on perusal of the role attributed to the applicant as reflected in the FIR, police papers, provisions of Section 407, 420, 120B, 411 of the Indian Penal Code, quantum of punishment and prima facie, it appears that there is no case made out against the applicant and the fact that there is nothing recovered from the applicant, I am of the view that the applicant deserves to be enlarged on bail. At this stage of bail, this Court is not discussing the evidence in detail nor going into merit of the case. This is successive bail application.
6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with CR No. I-190 of 2010 registered at Udhna Police Station, Surat on his 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 his liberty or abuse his liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender his passport, if any, to the lower Court within a week;
[d] not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of this Court;
[f] shall mark his presence at the concerned police station on every 15th day of each Calender month till the trial is over;
[g] maintain law and order.
7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
8. Bail bond to be executed before the lower Court having jurisdiction to try the case.
9. 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.
10. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED,J.) ynvyas Top