The instant application is filed seeking regular bail after charge-sheet under Section 439 of the Code of Criminal Procedure in connection with Elisbridge Police Station, District: Ahmedabad CR No.I-99 of 2012 for the offences punishable under Sections 406 and 420 read with 114 of the Indian Penal Code.
Mr.Desai, learned advocate for the applicant, at the outset, submitted that the applicant had filed regular bail application before this Court being Criminal Misc.Application NO.6392 of 2012 and while said regular bail application was pending before this Court, charge-sheet came to be filed before the Trial Court, and therefore, the said regular bail application came to be withdrawn by the applicant expressly reserving the liberty of the applicant to move the Trial Court for bail. It is submitted that subsequently, the Trial Court was moved for bail, but his application was dismissed and even Session Court also dismissed his application, and therefore, the instant application is filed.
2.1 Mr.Desai, learned advocate for the applicant, took me thorough the relevant part of the F.I.R. and submitted that the major allegations are levelled by the complainant qua the original accused nos. 1 and 2. So far as the applicant, who is original accused no.3 in the F.I.R. is concerned, admittedly, no amount was either paid by the complainant to him or received by him from the complainant. No representation was made by the applicant to the complainant. It is, therefore, submitted that in comparison to the role attributed to the original accused nos. 1 and 2, no major role is attributed to the present applicant. It is further submitted that, in the instant matter, now entire investigation is over and charge-sheet is filed and the offences alleged are triable by the Judicial Magistrate First Class.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the relevant recitals made in the F.I.R., prima-facie, it transpires that the major role came to be attributed by the complainant to the original accused nos. 1 and 2, whereas so far as, the applicant original accused no.3 is concerned, there does not appear that he received any money from the complainant or that he made any representation to the complainant. It is true that earlier bail application was filed by the applicant being Criminal Misc.Application NO.6392 of 2012, which came to be withdrawn as during the pendecy of the said bail application, charge-sheet came to be filed, and therefore, considering the order dated 13.06.2012, it clearly transpires that the said application was withdrawn specifically reserving the liberty of the applicant to move for bail before the appropriate Court. Thereafter, the Trial Court so also Sessions Court rejected the bail applications of the applicant. Under such circumstances, considering the facts and circumstances of the case and in light of above discussion, so also considering the fact that now the entire investigation is over and charge-sheet is filed and considering the nature of offence alleged against the applicant and the punishment prescribed for the same, the application deserves to be granted.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at Elisbridge Police Station, District: Ahmedabad CR No.I-99 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of 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;
The Authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top