[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release them on regular bail in connection with C.R.No.I-130 of 2011 registered with Mehmdavad Police Station, for the offence punishable under Sections 465, 467, 468, 471, 406 and 420 of the Indian Penal Code.
[2] It is submitted that by learned advocate for the applicant that the applicant is innocent and falsely involved in the offence. It is also submitted by the learned advocate for the applicant that the entire dispute is of civil nature and it is molded into criminal complaint and therefore, he has prayed to enlarged the applicant on bail.
[3] I have heard both the counsel and perused the record. It is submitted by the learned advocate for the applicant that the applicant is ready and willing to deposit an amount of Rs.35,000/-, without prejudiced to his rights and contentions. Considering the facts and circumstances of the case, the nature of allegations, role attributed to the accused and the punishment prescribed for the alleged offences and the Court in which it is triable, I am inclined to enlarge the applicant on bail, by imposing suitable conditions.
[4] Hence, the applicant is ordered to be released on bail in connection with C.R.No.I-130 of 2011 registered with Mehmdavad Police Station, for the offence alleged against him, only after depositing an amount of Rs.35,000/- (Rupees Thirty Five Thousand only) before the trial Court and on his executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court subject to the conditions that he shall-
a) not take undue advantage of liberty or abuse liberty;
b) shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) shall maintain law and order and should cooperate the Investigating Officer;
d) shall not act in a manner injurious to the interest of the prosecution;
e) shall not leave the State of Gujarat without prior permission of the Court concerned;
f) furnish the address of his residence along with the proof 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) surrender passport, if any, to the lower Court within a week.
[5] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[6] 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 to the aforesaid extent. Direct service is permitted.
[M.D.SHAH, J.] ..mitesh..
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