Rule.
Mr.Shah, learned APP appears and waives service of notice for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Limbkheda police station CR No.III - 64 of 2012 for the offences punishable under Sections 66B, 65AE, 116B and 81 of the Bombay Prohibition Act.
Mr.RN Singh, learned advocate for the applicant submitted that considering the FIR, and especially the role attributed to the applicant and considering the fact that the co-accused Mangilal Tank came to be released on regular bail by this Court on dated 18.4.2012 in Criminal Misc.Application No.5210 of 2012, and the role attributed to the applicant is almost identical to the role attributed to said accused, this application may be allowed.
Heard Mr.Shah, learned APP for the respondent - State.
Hence, the applicant is ordered to be released on bail in connection with CR No.III-64 of 2012 registered with Limbkheda police station, for the offence 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 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 his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
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.
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. Rule is made absolute. Direct service is permitted.
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.
(J.C.UPADHYAYA, J.) (binoy) Top