[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release him on regular bail in connection with C.R.No.I-84 of 2011 registered with Dhrol Police Station, for the offence punishable under Sections 457, 380, 511 and 114 of the Indian Penal Code.
[2] It is submitted that by learned advocate for the applicants that the charge sheet is filed. It is also submitted that prima facie it appears that the charges levelled against the applicants are wrongly invoked and therefore, present applicant is required to be enlarged on bail.
[3] Having heard learned counsel for both the sides, statement of witnesses, gravity of the offence, quantum of punishment and considering the fact that the offences are triable by the Court of Judicial Magistrate First Class, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
[4] Hence, the applicant is ordered to be released on bail in connection with C.R.No.I-84 of 2011 registered with Dhrol Police Station, for the offence alleged against him, on his executing personal bond of Rs.20,000/- (Rupees Twenty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall-
a) not take undue advantage of liberty or abuse liberty;
b) shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) shall maintain law and order and should cooperate the Investigating Officer;
d) shall not act in a manner injurious to the interest of the prosecution;
e) shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) shall mark his presence before the Dhrol Police Station once in a month more particularly between 1st and 5th of month between 10.00 a.m. and 2.00 p.m. for a period of 4 months;
g) furnish the address of their residence along with the proof 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;
h) surrender passport, if any, to the lower Court within a week.
[5] 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.
[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. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH, J.] ..mitesh..
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