1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-172 of 2011 registered with Padra Police Station, Vadodara, for the offences under Sections 406, 420, 120(B) and 170 of the Indian Penal Code.
2. Heard Mr.N.D.Nanavaty, learned Senior Counsel appearing for Mr.Ramnandan Singh, for the applicants. He has contended that looking to the contentions of the complaint it clearly reveals that no prima facie case is made out against the present applicants and they are wrongly booked. He has contended that if the story of the complainant is believed, it is Kashiram Bharwad who approached to the complainant and not the applicants. The applicants are not the persons who had taken the gold pieces from the complainant and therefore, Section 170 of the IPC would not be applicable to the applicants. He has contended that the applicants are ready to deposit Rs.180,000/- by three different drafts of Rs.60,000/- each within one week from the date of the order without prejudice to the rights and contentions. He has contended that applicants will be available during the trial and they will not tamper with the evidence. He has prayed to release present applicants on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He has vehemently opposed present application and contended that it is a serious offence. He has prayed not to release present applicants on bail.
4. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicants, I am inclined to grant bail to the applicants.
5. Considering the above, this Application is allowed on condition that applicant will deposit Rs.180,000/- by three different drafts of Rs.60,000/- each within one week from the date of this order. If the applicants fail to deposit the said amount within the time their bail shall stand cancelled. The applicants are ordered to be released on bail in connection with CR No.I-172 of 2011 registered with Padra Police Station, Vadodara, for the offence alleged against them in this Application on their executing a Bond of Rs.10,000/- (Rupees ten thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall-
a) not take undue advantage of their liberty or abuse their 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 country without the prior permission of the concerned Sessions Judge;
f) furnish the address of their 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;
g) surrender their passport, if any, to the lower Court within a week.
6. If the 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.
7. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top