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-347 of 2011 registered with Vejalpur Police Station, for the offence punishable under Sections 302, 143, 147, 148, 14 9, 201, 212, 120B and 114 of IPC and Sec.135 of G.P.Act.
Heard learned counsel, Mr.Hardik A.Dave for the applicant, Ms.C.M.Shah, learned Additional Public Prosecutor for respondent-State and learned counsel, Mr.Japan Dave for the original complainant.
It is submitted by Mr.Hardik Dave that the allegation against the applicant is that he has given shelter to the accused of murder and has provided the vehicle for travelling at various places. It is also submitted that clothes of main accused were recovered from the house of the present applicant. It is therefore submitted that at the most, the offence under Sec.212 can be made out against the applicant for which the maximum sentence would be five years It is however submitted by learned APP, Ms.C.M.Shah who is assisted by learned advocate, Mr.Japan Dave that the applicant has committed the offence of harbouring the main accused and he has provided vehicle to the main accused and clothes are also recovered from the applicant and hence, it is urged that applicant may not be released on bail.
In the aforesaid facts and circumstances of the case and considering the nature of allegation and the 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-347 of 2011 registered with Vejalpur Police Station, 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) mark presence before the Vejalpur 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) not to enter the limits of Ahmedabad City for a period of six months without prior permission of the Court but for marking presence before Vejalpur Police Station and for attending the court in connection with the case, he shall be free to enter and shall leave the limits immediately thereafter;
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