Learned advocate Mr. Thakore seeks permission to correct name of the applicant. Permission, as prayed for, is granted.
2. Rule.
Learned APP Miss Shah waives service of notice of Rule on behalf of the respondent State.
3. By filing this application under section 439 of the Code of Criminal Procedure, 1973, the applicant has sought bail.
4. Complainant Doshi Hemantkumar Babulal lodged a complaint before Mehsana City 'A' Division Police Station on 18.12.2011 alleging that while he was passing near Sarvoday Bank, three persons came out from the vehicle and tried to lift him and during the commotion, he sustained injuries by knife. On account of shouting, people assembled at the place of incident and therefore, three persons ran away in the vehicle.
5. On the basis of the FIR, offence was registered as C.R. No.I - 187 of 2011 and investigation was started. During the course of investigation, the applicant was arrested. Therefore, the present application is filed to enlarge him on bail.
6. I have heard learned Mr. Thakore for the applicant and learned APP Miss Shah for the State at length and in great detail. I have also perused the investigation papers.
7. It appears that the applicant is arrested on the basis of a statement made by co-accused. The FIR does not name the applicant. The offence is registered against unknown persons. The applicant is arrested on 29.12.2011, but No TI parade is arranged. The applicant is a student. The vehicle allegedly used in commission of offence stands in the name of Bachubhai Baldevji Barot. Therefore, except the statement of co-accused, there is no other evidence to connect the applicant with the offence. Therefore, this application is required to be allowed.
8. The application is allowed and the applicant Mihir Bachubhai Barot is ordered to be released on bail in connection with Crime Register No.I-187 of 2011 registered with Mehsana City 'A' Division Police Station on his executing a bond in the sum of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall, [a] not take undue advantage of or misuse liberty;
[b] maintain law and order and shall co-operate with the investigating officer;
[c] not act in a manner injurious to the interest of the prosecution;
[d] surrender his passport, if any, to the lower court within a week;
[e] not leave India without prior permission of the Sessions Judge concerned;
[f] shall mark his presence before the Mehsana City 'A' Division Police Station on 1st day and 15th day of every calender month between 9.00 a.m. and 5.00 p.m. till the charge sheet is filed;
9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being.
10. 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.
11. Bail bond to be executed before the lower court having jurisdiction to try the case.
12. Rule is made absolute.
(BANKIM N.MEHTA, J.) shekhar* Top