The applicant has filed this application for regular bail, under Section 439 of the Code of Criminal Procedure, in connection with the offence being CR No. I - 198 of 2011 registered with Sardar Nagar Police Station, Ahmedabad, for the offence u/ss. 406, 420, 467, 465, 471, 120-B of I.P. Code.
Heard learned Advocate for the applicant and learned APP for the respondent. Learned Advocate, appearing for the applicant has contended that the applicant is innocent and has not committed the offence as alleged in the FIR. He has also read the last para of FIR and contended that a very small amount is involved. He has also contended that there is no recovery or discovery from the present applicant during the course of investigation. He has contended that now the charge-sheet is filed and, therefore, there is no question of tampering with the evidence by the applicant. Therefore, looking to the facts of the case, the applicant may be released on bail by imposing suitable conditions. Learned APP has vehemently opposed this application.
Having heard the learned Advocate for the parties and looking to the facts of the case and the fact that now the charge-sheet is filed and, therefore, without entering into the merits of the case, I am inclined to grant this application. Both the parties do not press for reasoned order.
Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No. I - 198 of 2011 registered with Sardar Nagar Police Station, Ahmedabad, for the offences 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 pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat, 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;
h) surrender his passport, if any, to the lower Court within a week.
5. 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.
6. 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.
7. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.) sas Top