1. This application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-332 of 2011 registered with Sardarnagar Police Station, Ahmedabad, for the offences under Sections 406, 420, 467, 468, 471, 120(b) of the Indian Penal Code and Section 12 of the Indian Passports Act.
2. Heard Mr. Goswami, learned advocate for the applicant. He has read contents of the complaint. He has contended that applicant is not involved directly or indirectly in the said offence. He also contended that nothing is recovered from the applicant. He has contended that present applicant will be available during the trial. He has prayed that the applicant is required to be enlarged on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He strongly opposed the application of the applicant and he submitted that considering the seriousness of the offence, the application is required to be rejected.
4. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is nothing is recovered from the applicant and there was no seal of departure and arrival in the passport and the applicant visited abroad and he came back to Ahmedabad as well as the fact that the applicant is a resident of Ahmedabad, I am inclined to grant bail to the applicant.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-332 of 2011 registered with Sardarnagar Police Station, Ahmedabad, 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 country without the prior permission of the concerned Sessions Judge;
f) 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;
g) surrender his passport, if any, to the lower Court within a week.
6. If the 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.
7. 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.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) ynvyas Top