1. Rule, Mr. Kodekar, learned APP appears and waives service of notice of rule for respondent - State.
2. The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Dhrol Police Station, District-Jamnagar C.R.No. II-63/2011 regarding the offences punishable under Sections 25(1)(b)(a), 29 of the Arms Act.
3. Mr. Dholakia, learned Advocate for the applicant, at the outset, took me through the relevant parts of the FIR and submitted that nothing came to be seized or recovered from the applicant. It is submitted that almost identically situated one co-accused came to be released on bail by the trial court and another co-accused came to be released on bail by this Court vide order dated 13.1.2012 passed in Criminal Misc. Application No. 17694 of 2011.
4. Heard Mr. Kodekar, learned APP for the respondent-State.
5. Having considered the submissions advanced on behalf of both the side, so also considering the facts and and circumstances of the case as well as the fact that the two co-accused came to be released on bail, one by the trial court and one by this Court, the application deserves to be allowed.
7. Learned counsel for the parties do not press for further reasoned order.
8. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. being Dhrol Police Station, District-Jamnagar C.R.No. II-63/2011 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 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 passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the trial Court 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 residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court.
9. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
10. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
11. Bail bond to be executed before the lower court having jurisdiction to try the case.
12. For modification and/or deletion of any of the conditions herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
13. 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.
14. Rule is made absolute accordingly. The application is disposed of.
15. Direct service is permitted.
(J.C.UPADHYAYA, J.) Ashish N.
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