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Mehul Bhikubhai Dhareya vs State Of

High Court Of Gujarat|27 September, 2013
1. Rule. Mr.R.C.Kodekar, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.
2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I- 106 of 2013 registered with Junagadh City A Division Police Station, District: Junagadh, for the offences punishable under Sections 399 of the Indian Penal Code and Section 25(1)(B)(A) of the Arms Act.
3. Mr.Pravin Gondaliya, learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard learned advocates appearing on behalf of the respective parties and considered the role attributed to the present applicant. I have also considered the fact that the applicant has been named by the co-accused, who were arrested by the police at the place of offence. I have also considered the fact that there is no discovery and recovery at the instance of the applicant.
7. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I 106 of 2013 registered with Junagadh City A Division Police Station, District: Junagadh, on executing a personal bond of Rs.5,000/- (Rupees Five thousands only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;
[a] not take undue advantage of his liberty or misuse his liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender his passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark his presence before the concerned Police Station on every Monday for three months and thereafter, on alternate Monday for six months, between 10:00 a.m. and 2:00 p.m.;
[f] furnish latest address of his residence 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;
8. The Authorities will release the applicant only if he is 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned 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 is made absolute to the aforesaid extent.
Direct service is permitted.
[A.J.DESAI,J.] *dipti Page 4 of 4
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