[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-36 of 2012 registered with Khatodara Police Station, District - Surat for the offence under sections 406, 420 and 114 of the Indian Penal Code.
[2] It is submitted by Mr.Raju learned senior advocate for the applicant that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is further submitted by learned senior advocate for the applicant that the applicant is ready and willing to deposit Rs.5 Crores with the trial Court without prejudice to the right of the applicant accused.
[3] It is submitted by Mr.Hardik Dave, learned advocate for the complainant that prima facie offence is made out and there is breach of trust and charge sheet is also not filed, therefore, bail application of the applicant may be rejected.
[4] Heard Mr.S.V.Raju, learned senior advocate for the applicant, Ms.C.M.Shah, learned APP for the State and Mr.Hardik Dave, learned advocate for the complainant.
[5] This Court has gone through the complaint. It is alleged that without disclosing the fact that land in dispute is non agricultural land, it is stated by the applicant accused and other accused persons that title is clear and thereafter they received money from the complainant and other witnesses, so they committed offence of cheating and breach of trust. At present applicant is ready and willing to deposit Rs.5 Crores with the Trial Court. Considering this facts and considering the role attributed to the applicant, without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed.
[6] Hence, the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-36 of 2012 registered with Khatodara Police Station, District - Surat for the offence alleged against him on executing personal bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent 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 to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of residence to the Investigating Officer 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;
g) surrender passport, if any, to the lower Court within a week.
i) deposit Rs.5 Crores with the Trial Court within a period of two months from today without prejudice to his right.
[7] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[8] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail.
[9] On deposit of Rs.5 Crores by the applicant, the Trial Court is directed to invest the same in any nationalized bank for reasonable period or which the Trial Court may think fit.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top