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.30/2011 with DCB Police Station, Vadodara City for the offences punishable under Sections 384, 506, 507 and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the applicant herein is a married man having children and is in no way connected with the alleged crime. Further it is submitted that the applicant is a small businessman and considering the allegations made in the complaint and that it is a magistrate triable case, the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. C.M. Shah for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
Considering the above facts and that the chargesheet is filed, 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.30/2011 with DCB Police Station, Vadodara City, on executing a bond of Rs.25,000/- (Rupees Twenty Five 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) maintain law and order;
d) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court and shall mark his presence in the Police Station in the area where he is residing on every 1st and 15th day of English Calendar month between 11.00 a.m. and 2.00 p.m.;
e) surrender his passport, if any, to the lower court within a week;
f) not leave the State of Gujarat without prior permission of the Trial Court concerned;
g) not enter the area of Vadodara District without permission of the Court except, for attending the Court cases;
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