This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.10/2010 with Viramgam Rural Police Station, Ahmedabad (Rural) for the offences punishable under Sections 379 and 120(B) of the Indian Penal Code, under Section 15(2) of the Petroleum and Mineral Pipeline Act, 1962 and under Sections 3 and 7 of Damage to Public Property Act.
Learned Counsel appearing for the applicant submits that the other main accused were released on bail vide the following orders :-
Vide order dated 22.04.2010 passed in Criminal Miscellaneous Application No.3336/2010;
Vide order dated 29.04.2010 passed in Criminal Miscellaneous Application No.3924/2010;
Vide order dated 04.05.2010 passed in Criminal Miscellaneous Application No.3750/2010 and Vide order dated 27.01.2011 passed in Criminal Miscellaneous Application No.496/2011.
It is also submitted that other four offences are registered against the applicant which are of similar nature and considering the role attributed to the present applicant and that the chargesheet is filed, the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State, who has vehemently opposed this application for grant of bail and on instructions, submits that the supplementary chargesheet was filed.
Learned Counsels for the parties do not press for further reasoned order.
This application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.10/2010 with Viramgam Rural Police Station, Ahmedabad (Rural), on executing a bond of Rs.25,000/- (Rupees Twenty Five 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 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 one year 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;
The authorities will release the applicant only if not required in connection with any other offence for the time being.
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.
Bail bond to be executed before the lower court having jurisdiction to try the case.
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 made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top