Learned counsel appearing for the applicant submits that the applicant is falsely involved in the crime and the co-accused is enlarged on bail. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, he may be enlarged on bail.
Heard learned APP for the respondent - State.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, I am inclined to enlarge the applicant on bail in connection with C.R.No.I-316 of 2008 of Odhav Police Station for the offences punishable under sections 323, 324, 394, 114 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m .
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence 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 immediately.
[h] shall not enter the city and district limits of Ahmedabad for a period of 3 months except for marking presence and attending trial.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
Bail before the Lower Court having jurisdiction to try the case.
Rule is made absolute. Direct service is permitted.
[Anant S. Dave, J.] *pvv Top