Rule.
Mr. RC Kodekar, Ld. APP waives service of rule for the respondent - State.
2. The instant application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with C.R. No. I-102/2012 registered with Godhra Taluka Police Station, Dist. Panchmahal, for the offences punishable under Sections 365, 366, 506[2] and 114 of the Indian Penal Code.
2. Mr.
Patel, Ld. Advocate for the applicant, at the outset, took me through the relevant contents of the FIR and submitted that so far as the applicant is concerned, he is not named in the FIR, but the only role attributed to him is that he aided and assisted the main accused. It is submitted that considering the facts and circumstances of the case, the application may be allowed.
3. Heard learned APP Mr. Kodekar for the respondent-State.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the relevant part of the FIR and the role attributed by the prosecution to the applicant, this Court is of the opinion that the application deserves to be allowed.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-102/2012 registered with Godhra Taluka Police Station, Dist. Panchmahal, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that the applicant shall;
a) not take undue advantage of liberty or misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender his passport, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present 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 the residence without prior permission of this Court.
7. The authorities will release applicant only if not required in connection with any other offence for the time being.
8. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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.
Rule is made absolute to the aforesaid extent. DSP.
(J.C.
UPADHYAYA, J.) * Pansala.
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