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.23/2011 with Patadi Police Station, Surendranagar for the offences punishable under Sections 307, 34, 114, 143 and 302 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the other accused have been released on bail by this Court vide the following orders :-
a) Order dated 03.10.2011 passed in Criminal Miscellaneous Application No.13340/2011;
b) Order dated 03.10.2011 passed in Criminal Miscellaneous Application No.13337/2011;
c) Order dated 21.11.2011 passed in Criminal Miscellaneous Application No.15367/2011 and
d) Order dated 17.06.2011 passed in Criminal Miscellaneous Application No.7769/2011.
Further, it is submitted that similar role is attributed to the present applicant and on the ground of parity, the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Mr. J.K. Shah for the respondent-State.
Having heard learned Counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the 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.23/2011 with Patadi Police Station, Surendranagar, on 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 liberty or misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender his passport, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) 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;
f) 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;
g) not enter within the territorial limits of Patadi Police Station, Surendranagar for three months, except, for the purpose of attending the trial or marking presence.
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.
Sd/-
(M.D.
Shah, J.) Caroline Top