The applicant has filed this application for regular bail, under Section 439 of the Code of Criminal Procedure, in connection with the offence being CR No. I - 10 of 2003 registered with C.I.D. Crime, Gandhinagar for the offence u/ss. 406, 420, 468, 471, 120(B) and 114 of Indian Penal Code read with Sections 3,4 and 5 of Prize Chit and Money Circulation Act.
Heard learned Advocate for the applicant and learned APP for the respondent. Learned Advocate, appearing for the applicant has contended that the applicant is a Bank employee. He is serving in Surendranagar District Co-operative Bank Limited, Limdi as a cashier from 22nd December 2008. Certificate in this regard is also produced. Mr. Panchal has read the content of the certificate and contended that present investigating officer is totally negligent. He has never bothered to investigate the said issue and yet present applicant is cited as an absconder. Mr.Panchal has further contended that the applicant has not committed any offence as alleged in the FIR. He has also contended that looking to the facts of the case the applicant may be released on bail by imposing suitable conditions. Learned APP has vehemently opposed this application.
Having heard the learned Advocate for the parties and looking to the facts of the case and without entering into the merits of the case, I am inclined to grant this application. Both the parties do not press for reasoned order.
Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No. I - 10 of 2003 registered with C.I.D. Crime, Gandhinagar for the offence alleged against him in this application on executing a Bond of Rs.10,000/- (Rupees ten 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 pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without the prior permission of the concerned Sessions Judge.
f) furnish the address of his 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;
g) shall not try to approach the prosecutrix or any other witnesses;
h) surrender his passport, if any, to the lower Court within a week.
5. 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.
6. 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.
7. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.) Vahid Top