This application has been filed under Section 439 of the Code of Criminal Procedure, 1973, to release the applicant on regular bail in connection with CR No.I-39 of 2011 registered with Khambhat City Police Station, Anand, for the offence punishable under Sections 406, 420, 120-B and 34 of the Indian Penal Code.
Heard learned counsel, Mr.S.R.Bhoharia for the applicant, Mr.L.B.Dabhi learned Additional Public Prosecutor for respondent-State.
It is vehemently argued by learned counsel for the applicant, Mr.Bhoharia that the allegation against the applicant is that he is an agent of Abhay Gandhhi, who is the proprietor of AISE Capital Management and as per the scheme of the Company, as an agent, the present applicant collected money from the complainant as well as from other persons for investing with the Company. It is further submitted that the applicant has also invested in the said scheme. Considering the role played by the present applicant as an agent of Mr.Abhay Gandhi, it is requested that applicant may be released on bail.
Mr.L.B.Dabhi, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence. Even prima-facie case is made out against the applicant.
It is clear that the applicant was acting as an agent of Mr.Abhay Gandhi, who is the proprietor of AISE Capital Management and as an agent, he collected money from various persons and invested in the scheme of AISE Capital Management. It is to be noted that the applicant has also invested in the said scheme. It is to be noted that the charge sheet is filed since long and applicant is in custody since 23-8-2011. In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-39 of 2011 registered with Khambhat City Police Station, Anand, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees twentyfive 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 State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his 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;
g) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court 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. Direct service is permitted.
[M.D.SHAH,J.] radhan Top