1. Rule.
Mr. RC Kodekar, Addl. Public Prosecutor appears and waives the service of Rule on behalf of opponent - State.
2. The applicants preferred this application under Section 439 of the Code of Criminal Procedure to obtain regular bail in connection with C.R. No. I-194/2010 registered with Adalaj Police Station, regarding offences punishable under sections 332, 394 and 114 of the Indian Penal Code and section 135 of the Bombay Police Act.
3. Considering the facts and circumstances of the case, the matter is taken up for final hearing today.
4. Mr. KR Chaudhary, Ld. Advocate for the applicants submitted that no prima-facie case is made out qua any of the applicants. The bare perusal of the FIR would suggest that no allegation is levelled regarding alleged robbery. The offences are triable by the Judicial Magistrate First Class. It is, therefore, prayed that the application may be allowed.
5. Per contra, Mr. RC Kodekar, Ld. APP vehemently opposed this application and submitted that considering the FIR prima-facie, serious offence has been made out qua both the applicants. The investigation is in progress. Therefore, it is submitted that the application may be dismissed.
6. Having considered the submissions advanced on behalf of both the sides and perusing the FIR and relevant papers, it clearly transpires that the discretionary powers vested in this Court under sec. 439 of the Cr. P.C., deserve to be exercised in favour of the applicants.
7. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicants are ordered to be released on bail in connection with C.R. No. I-194/2010 registered with Adalaj Police Station, for the offences alleged against them in this application on their executing bond of Rs.5,000/= (Rupees Five Thousand only) each with one surety each of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall,
a) not take undue advantage of their liberty or abuse their liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should co-operate the investigating officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge.
f) furnish the address of their 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 their Passports, if any, to the lower court within a week;
8. If 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.
9. 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. Direct service is permitted.
[ J.C. UPADHYAYA, J. ] * Pansala.
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