[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with C.R.No.I-130 of 2011 registered with Mehmedabad Police Station, for the offence punishable under Sections 465, 467, 468, 471, 406, 420 and 120(b) of the Indian Penal Code.
[2] It is submitted that by learned advocate for the applicant that the applicant is joint owners of the property and the applicant is ready and willing to deposit the amount with the trial court i.e. applicant will deposit Rs.1,05,000/- and will not claim the amount in future and on deposit, if the complainant will file application for withdrawal, he will not take any objection. It is also submitted that other co-accused were released on bail by this Court vide order dated 23-8-2011 passed in Cri.Misc.Appln.11724 of 2011 and also vide order dated 18-8-2011 passed in Cri.Misc.Appln.No.11387 of 2011.
[3] In the facts and circumstances of the case and considering the facts that other co-accused were released on bail by this Court and also considering the fact that the applicant has shown readiness and willingness to deposit the amounts as aforesaid before the trial court, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
[4] Hence, the applicant is ordered to be released on bail in connection with C.R.No.I-130 of 2011 registered with Mehmedabad Police Station, for the offence alleged against him, on the applicant executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that -
a) he shall not take undue advantage of liberty or abuse liberty;
b) he shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) he shall maintain law and order and should cooperate the Investigating Officer;
d) he shall not act in a manner injurious to the interest of the prosecution;
e) he shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) the applicant will deposit Rs.1,05,000/- (Rupees One lac and Five Thousand only) with the trial court within a period of two months from today and he will not claim said amount in future;
g) 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;
h) surrender passport, if any, to the lower Court within a week.
[5] On the aforesaid amount being deposited, if the complainant will file application for withdrawal of amounts, the applicant will not take any objection.
[6] 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.
[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. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[8] Copy of this order be provided to learned APP for providing the same to the complainant.
[M.D.Shah, J.] satish Top