This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.178/2011 with Gujarat University Police Station, Ahmedabad for the offences punishable under Sections 364(A), 365, 506(2) and 114 of the Indian Penal Code.
Learned counsel, Mr.Tolio appearing for the applicant submits that the present applicant is a businessman. Considering the role attributed to the applicant herein, it is submitted that the applicant may be enlarged on bail. It is also submitted that other co-accused was released on bail by this Court vide order dated 19-3-2012 passed in Cri.Misc.Appln.No. 2970 of 2012.
Heard learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
This Court has gone through the records of the case and it has surfaced on record that an amount of Rs.18.00 Crores was paid to the complainant and in order to recover this money, the present applicant alongwith other accused persons were pressurizing the complainant to recover the amount. It is noted that other co-accused was released on bail by this Court vide order dated 19-3-2012 passed in Cri.Misc.Appln.No. 2970 of 2012. In the facts of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.178/2011 with Gujarat University Police Station, Ahmedabad, on executing a bond of Rs.15,000/- (Rupees Fifteen 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 liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender his passport, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) 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;
g) furnish the present 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;
The authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned 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 made absolute. Direct Service is permitted.
[M.D.SHAH,J.] radhan Top