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-185 of 2011 registered with Adipur Police Station for the offences punishable under Sections 380 and 454 of IPC.
Heard Mr.Nikhil S.Kariel, learned counsel for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is submitted by Mr.Nikhil Kariel that applicant has been arrested on 12-11-2011 and now the charge sheets is filed and it is within the jurisdiction of Magistrate to conduct the trial. It is submitted that in other similar offences, the applicant was released on bail by this Court vide common order dated 26-12-2011 passed in Cri.Misc.Appln.No.17038 of 2011 with Cri.Misc.Appln.No.17040 of 2011 with Cri.Misc.Appln.No.17041 of 2011 with Cri.Misc.Appln.No.17043 of 2011 and hence, it is requested that the applicant may be released on bail.
It is to be noted that applicant has been arrested on 12-11-2011 and now the charge sheets are filed and it is within the jurisdiction of Magistrate to conduct the trial. In the facts and circumstances of the cases and considering the nature of offence, sentence and now the charge-sheet is filed and in similar other offences, he was released on bail, without entering into the merits of the cases, prima facie, this Court is of the opinion that this are fit cases 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-185 of 2011 registered with Adipur Police Station for the offence alleged against him in this application on his executing a bond of Rs.15,000/- (Rupees fifteen 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) not to enter the limit of Adipur till trial is over without prior permission of the Court but for attending the court in connection with the case, he shall be free to enter and shall leave the limits immediately thereafter;
g) mark presence before the Gandhidham 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 one year;
h) 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;
i) 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