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-67 of 2011 registered with Varachha Police Station, Surat for the offences u/s. 302, 364-A, 201, 120B and 34 of the Indian Penal Code.
2. Heard Mr.D.R.Patel, learned advocate for the applicant. He has read contents of FIR and contended that no prima-facie case is made out against the present applicant. He has contended that looking to the main ingredients of Section 120B of the IPC conspiracy and agreement are required to be proved. He has contended that the applicant will be available during the hearing and trial and he will not tamper with the evidence. He has therefor, prayed to grant bail to the present applicant.
3. Heard Ms.Jirga Jhaveri, learned APP for the respondent State. She has vehemently opposed the present application. She has contended that, no doubt, no recovery or discovery is made from the present applicant but from the statement of the co-conspirator prima-facie involvement of the present applicant is there. She has prayed not to grant bail to the present applicant.
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 without entering into merits of the case.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-67 of 2011 registered with Varachha Police Station, Surat 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