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-172 of 2011 registered with Padra Police Station, Vadodara, for the offences under Sections 406, 420, 120(B) and 170 of the Indian Penal Code.
2. Heard Mr.Ruturaj Nanavati, learned advocate for the applicant. He has contended that looking to the contentions of the complaint it clearly reveals that no prima facie case is made out against the present applicant. On bare perusal of the FIR no allegations are made with regards to ingredients of Sections 406 and 420 of the IPC. He has contended that from the possession of the present applicant Rs.3,20,000/- is already recovered. He has contended that applicant will be available during the trial and he will not tamper with the evidence. He has prayed to release present applicant on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He has vehemently opposed present application and contended that it is a serious offence. He has prayed not to release present applicant on bail.
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 no definite allegation made against the applicant, 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-172 of 2011 registered with Padra Police Station, Vadodara 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.) kks Top