The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after the charge sheet is filed.
The applicant accused is charged with having committed offences under Sections 396, 302, 328, 412, 120-B and 34 of the Indian Penal Code, for which, FIR being I-C.R.No.62 of 2009 has been lodged at Chhapi Police Station.
Learned counsel Mr.D.K.Puj for the applicant referred to the FIR and the role attributed to the applicant and submitted that other co-accused with similar role has been released as per the order dated 19th July, 2010 passed by this Court (Coram: Z.K.Saiyed,J) in Criminal Miscellaneous Application No. 6012 of 2010 and therefore, the present application may be allowed. He further submitted that the investigation is over and now the charge-sheet is also filed and therefore, the present application may be allowed.
Learned A.P.P. Mr.M.R.Mengdey resisted the present application.
Having heard learned counsel Mr. Puj for the applicant-accused and learned A.P.P. Mr. Mengdey for the respondent-State and considering the fact that other co-accused with similar role has been released as stated above and the charge-sheet is also filed, the present application deserves tobe allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No. 62 of 2009 registered with Chhapi Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower 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 pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) 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 his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial is commenced.
If breach of any of the above conditions is committed, the concerned Sessions Judge 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 to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) ***vcdarji Top