1. Application under Section 439 of Code of Criminal Procedure has been preferred by the applicant for regular bail in connection with CR.No.I-244 of 2011 registered with Kalol Taluka police station for the offences punishable under Sections 395,397,342,120(B) of Indian Penal Code and Section 25(1)B.A. of the Arms Act.
2. Learned advocate Mr.Vyas urges that the co-accused, who had allegedly done recce have been enlarged on bail by this Court (Coram: M.D. Shah, J. ) on 9.2.2012. The applicant, who is in jail for quite sometime, should also be given the benefit of being enlarged on the ground of parity.
3. Learned Additional Public Prosecutor urges that the role attributed to the present applicant is doing recce and waiting outside the house of the complainant. He submits that there is no criminal antecedence of the applicant.
4. Considering the role attributed to him as also on the ground of parity, this is a fit case for enlarging the accused on regular bail.
5. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR.No.I-244 of 2011 registered with Kalol Taluka police station, on executing a bond of Rs.30,000/- (Rupees Thirty Thousand Only) with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) shall not tamper with the evidence;
(d) shall not act contrary to the law;
(e) surrender passport, if any, to the lower court within a week;
(f) not leave India without prior permission of the Sessions Judge concerned;
(g) shall not leave the State of Gujarat without prior permission of the trial Court:
(h) mark presence before the concerned police station on the 1st and the 15th of every English Calender month between 11.00 a.m. and 3.00 p.m. till the trial is over;
(i) shall not enter village:Shilaj, District: Gandhinagar till the trial is over;
(j) furnish the present and permanent address of 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;
6. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
7. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
8. Bail bond to be executed before the lower court having jurisdiction to try the case.
9. At the trial, the 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. D.S. Permitted.
(Ms.Sonia Gokani, J.) sudhir Top