The present application has been filed by the applicants-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the chargesheet.
The applicants-accused are charged with having committed offences under Sections 66B, 65A,E, 116B and 81 of the Bombay Prohibition Act, for which, FIR being Prohibition C.R.No.75/2010 has been lodged at Sector 21 Police Station of Gandhinagar.
Learned counsel, Mr.Thakur for the applicants submitted that considering the nature of offence and as the chargesheet has now been filed, the present application may be allowed.
Learned A.P.P., Ms.Shah resisted the present application.
Having heard learned counsel appearing for the applicants-accused and learned A.P.P. for the State and having considered the nature of offence, role attributed and also the fact that the chargesheet has now been filed, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicants are ordered to be released on regular bail in connection with Prohibition C.R.No.75/2010 registered with Sector 21 Police Station of Gandhinagar on their executing a bond of Rs.5,000/- (Rupees Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:
(a) not take undue advantage of their liberty or abuse their liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of their residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of the Court.
(f) surrender their passport, if any, to the lower Court, within a week.
(g) mark their presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial commences.
If 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.
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 permitted.
(RAJESH H.SHUKLA, J.) /patil Top