1. This application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-147 of 2011 registered with Navsari Rural Police Station for the offences under Sections 379, 406, 407, 411 and 114 of the Indian Penal Code.
2. Heard Mr. Ansari, learned advocate for the applicant. He has read contents of the complaint. He has contended that applicant is not involved directly or indirectly in the said offence. The applicant is resident of Ahmedabad. He has contended that present applicant will be available during the trial. He also contended that co-accused have been released by this Court as well as Sessions Court. He has prayed that the applicant is required to be enlarged on bail.
3. Heard Mr.H.L.Jani, learned APP for the respondent State. He strongly opposed the application of the applicant and he submitted that considering the seriousness of the offence, the application is required to be rejected.
4. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant and co-accused have been released on bail, I am inclined to grant bail to the applicant.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-147 of 2011 registered with Navsari Rural Police Station for the offence alleged against him in this Application on his executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall-
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the country without the prior permission of the concerned Sessions Judge;
f) furnish the address of his residence to the I.O. 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 his passport, if any, to the lower Court within a week.
6. If the breach of any of the above conditions is committed, the concerned Sessions Judge 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.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) ynvyas Top