By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-22 of 2012 registered with Anand Town Police Station, for the offence punishable under Sections 394, 397 and 120B of IPC.
Heard learned counsel for the applicant, Mr.A.M.Dagli and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is submitted by learned advocate, Mr.Dagli that the applicant is studying in Ty.B.Com. And his examination will be started in the first week of April.
Considering on the fact that the applicant is studying in Ty.B.Com. and is to appear for examination in the first week of April, 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-22 of 2012 registered with Anand Town Police Station for the offence alleged against him in this application on his executing a bond of Rs.20,000/- (Rupees twenty 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) mark presence before the Surat Rural Police Station once in a month more particularly between 1st and 10th of month between 10.00 a.m. and 2.00 p.m. for six months;
g) furnish the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence 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.
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.
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.
Since this order has been passed looking to the peculiar facts of the case of the applicant, this order will not come in way of other co-accused.
[M.D.SHAH,J.] radhan Top