Rule.
Mr.K.L.Pandya, learned APP appears and waives service of notice for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Rajkot "A" Division Police Station, District: Rajkot CR No.I-98 of 2012 for the offences punishable under Sections 364(A) and 114 of the Indian Penal Code.
Mr.Dagli, learned advocate for the applicant, at the outset submitted that considering the relevant contents of the FIR, FIR came to be filed against 10 accused persons, out of them almost similarly situated five co-accused persons have already been released on bail; four co-accused persons by the Trial Court and one co-accused by this Court. It is submitted that all the accused, complainant and his son are friends and it is alleged that the complainant's son Montu, aged about 20 years was kidnapped. Considering FIR, almost identical role is assigned to the applicant, which is assigned to the other co-accused persons, who came to be released on bail and therefore, this application may be allowed.
Learned APP appearing for the State opposed this application and submitted that as observed by Sessions Court in the order rejecting bail application, it is stated that it was the applicant who telephoned Montu demanding the outstanding amount from him.
Having considered the submissions advanced on behalf of both the sides, so also considering the contents of the FIR and further considering the fact that almost similarly situated co-accused persons came to be released on bail by the trial Court and the fifth accused person viz. Tapan Sejpal came to be released on bail by this Court and also considering the copies of their orders, this Court is of the opinion that the application deserves to be allowed.
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 CR No.I-98 of 2012 with Rajkot "A" Division Police Station, on executing a bond of Rs.5,000/- (Rupees Five 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;
7. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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.
11. 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.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top