This application is filed by the applicant under Section 439 of the Criminal Procedure Code, 1973 for releasing him on regular bail in connection with the offences registered at CR No.I-58 of 2009 registered with Tankara Police Station, District-Rajkot, for the offences punishable under Sections 395, 397, 120-B of the Indian Penal Code and under Section 25(1)(b) of the Arms Act.
Heard Mr.Zubin Bharda, learned counsel for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor, for the State.
Mr.Bharda has submitted that the applicant is innocent and has not committed any offence. He has also contended that the applicant is not named in the complaint and nothing is recovered from the present applicant. He has further contended that the applicant is falsely implicated in the present case. He read the order passed by the trial Court and prayed to release the applicant on regular bail. He also submitted that two other co-accused have been released on bail by this Court.
As against this, Mr.Dabhi, learned Additional Public Prosecutor, has strongly opposed the present application and read the order passed by the trial Court.
I have gone through the order passed by the trial Court as well as papers produced on record of the case. Looking to the allegations levelled against the applicant, I am inclined to release him on regular bail.
Learned counsels for the parties do not press for a reasoned order.
Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case and the fact that charge sheet is filed, the application is allowed and applicant is ordered to be released on bail in connection with CR No.I-58 of 2009 registered with Tankara Police Station, District-Rajkot, for the offences 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 lower Court and subject to the conditions that he shall,
(i) not take undue advantage of his liberty or abuse his liberty;
(ii) not act in a manner injurious to the prosecution;
(iii) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge;
(iv) mark his presence before the Investigating Officer on 01st and 15th day of every calender month between 09:00 a.m. to 02:00 p.m.;
(v) Surrender his passport, if any, to the lower Court within a week;
The Authority will release the applicant only if he is not required in connection with any other offence for the time being.
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 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 is made absolute to the aforesaid extent.
Direct Service is permitted.
( M.D.Shah, J ) srilatha Top