By way of present applications, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR Nos.I-157 and I-158 of 2011 respectively registered with Anandnagar Police Station for the offence punishable under Sections 406, 420, 467, 468, 471 and 120B of IPC of IPC.
Heard Mr.Vijay Patel for M/s HL Patel Advocates for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State in both the applications.
It is submitted by learned advocate, Mr.Vijay Patel for the applicant that other co-accused Jitendra @ Jitu was released on bail by the trial court. Another co-accused has been released on bail this Court. It is further submitted that present applicant is studying in B.Com. Semester-II and no other offence is registered against the applicant in past. It is also submitted that the charge sheets are filed since long and the applicant is in jail since the last six months.
In the facts and circumstances of the case and considering the facts that the applicant is a student studying in First Year B.Com. and no other offence is registered against him coupled with the facts that charge-sheet are filed and applicant is in jail since the last six months, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
Hence, applicant in both the applications is ordered to be released on bail in connection with CR Nos.I-157 and I-158 of 2011 respectively registered with Anandnagar Police Station, for the offence alleged against him in these applications on his executing personal bond of Rs.25,000/-(Rupees twentyfive thousand only) in each case with one solvent surety each 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 liberty or abuse 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) mark presence before Anandnagar Police Station once in a month more particularly between 1st and 5th of month between 10.00 a.m. and 2.00 p.m. for six months;
g) furnish the address of 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;
h) surrender 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.
Office shall place a copy of this order in each matter.
[M.D.SHAH,J.] radhan Top