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Chand vs State

High Court Of Gujarat|29 October, 2010


Present application has been filed by the applicant for grant of regular bail under Section 439 of Criminal Procedure Code. The applicant is charged with having committed offence punishable under Sections 394, 323, 506(2) and 114 of the Indian Penal Code for which FIR being I-C.R.No. 94 of 2010 registered with Western Railway Police Station.
Learned advocate Mr.S.R.Yadav referred to the FIR and submitted that he is alleged to have stolen Rs.4,000/- only and therefore, considering the nature of offence, present application may be allowed.
Learned APP has submitted that injury has been caused to the victim and the applicant was also accompanied. Therefore, present application may not be allowed.
Having heard the learned advocate for the applicant and learned APP and considering the nature of offence, present application deserves to be allowed in light of the guidelines with regard to grant of bail, present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-C.R.No. 94 of 2010 registered with Western Railway Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand) with one solvent surety of the like amount to the satisfaction of the lower 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 pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) mark his presence before concerned Police Station on 1st Monday of every month between 11.00 AM to 2.00 PM till the charge-sheet is filed.
(f) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(g) surrender his passport, if any, to the lower Court, within a week.
If 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.
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 to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) (ashish) Top
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Chand vs State


High Court Of Gujarat

29 October, 2010