[1] 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 C.R.No.I-205 of 2011 registered with Kadi Police Station, District - Mehsana for the offence punishable under sections 406 and 420 of the Indian Penal Code.
[2] It is submitted by the learned advocate for the applicant that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail.
[3] It is submitted by learned APP on instructions that charge sheet is filed.
[4] This Court has gone through the complaint. Offences are triable by JMFC Court. It transpires that business transaction took place between the complainant and the applicant accused. The applicant accused had obtained loan from the bank and the bank has filed suit. The property belonging to the applicant accused is seized by the Court. The applicant accused is permanent resident of Dahod and he is residing with his family at Dahod and property is situated at Dahod. Considering this facts and considering the role attributed to the applicant and now the charge sheet is filed, without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed.
[5] Hence, the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-205 of 2011 registered with Kadi Police Station, District - Mehsana for the offence alleged against him on executing personal bond of Rs.25,000/- (Rupees twenty five 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 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 passport, if any, to the lower Court within a week.
[6] 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.
[7] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top