By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-111 of 2011 registered with J.P.Road Police Station, Vadodara City, for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 472 and 120(B) of IPC.
Heard learned counsel for the applicant and Mrs.Krina Calla, learned Additional Public Prosecutor for respondent-State.
It is submitted by learned advocate, Mr.Gaurav Chudasma for the applicant that the applicant has never signed any document and he has been falsely involved in the offence.
Learned APP, Ms.Krina Calla has submitted that during the pendency of this application, charge sheet is filed.
This Court has gone through various documents together with the complaint. As far as alleged agreement to sell is concerned, thumb impression of the present applicant along with his photograph is found. It appears that present applicant is able to put his signature. It is to be noted that in the plaint filed before the civil court also, present applicant has put his signature as a plaintiff. As per the statement of son of the deceased stamp vendor, the alleged stamp of the year 1990 was purchased by another accused-Yusuf Kadia in the year 1994.
Looking to the aforesaid facts and circumstances of the case, without entering into the merits of the case, now since the charge sheet is filed, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-111 of 2011 registered with J.P.Road Police Station, Vadodara City, 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 Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the 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;
g) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
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. Rule is made absolute. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top