1. Mr.
K. L. Pandya, learned APP waives service of Rule on behalf of respondent.
2. This application has been preferred under Section-439 of the Code of Criminal Procedure, in connection with the offence being CR No.I-85 of 2011 registered with Anjar Police Station, Kachchh for the offences u/s. 302, 364, 365, 201, 506(2) and 114 of the Indian Penal Code.
3. Learned advocate for the applicant has contended that charge sheet is already filed and nothing is produced on record to show that prima facie case is made out against the applicant. He has also contended that co-accused is released by this Court. He has read the order of this Court and contended that only presence of applicant is shown at the place of offence near Indica car. Therefore, the applicant is before this Court by way of present application.
4. Learned APP has read the charge sheet and vehemently argued that from the statement of the witnesses and evidence which is produced on record, it seems that the applicant is involved in present case. However, both the learned counsel do not press for further reasoned order.
5. Heard learned Counsel for both the sides. I have also perused the documents produced on record before the Court. Looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact that there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
6. Considering the above, this application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-85 of 2011 registered with Anjar Police Station, Kachchh for the offence 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 trial Court and subject to the conditions that he shall -
a) not take undue advantage of his liberty or abuse his 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 Officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not to enter area of Anjar Police Station and mark presence at Morbi Police Station on every 15th of the English calendar month between 9:00 a.m. to 2:00 p.m.
f) not leave the country without prior permission of the concerned Sessions Judge;
g) furnish the address of his 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 this Court;
h) surrender his passport, if any, to the lower Court within a week.
7. 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.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) (ila) Top