1. The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with Manjalpur Police Station, Vadodara C.R.No.I-78 of 2011 pertaining to the offences punishable under Sections 406, 409 r/w 114 of the IPC.
2. Mr. AD Shah, learned advocate for the applicant, at the outset, submitted that the applicant was serving as General Manager in M/s. Biotor Industries Ltd. and he retired in the year 31.3.2010. It is his submission that the only role attributed to the applicant is that in favour of the Sales Tax Department an undertaking was executed by the applicant in capacity as General Manager as well as by Vice-President of the company on 11.12.2009 to the effect that the stocks shall be retained in the custody of the company qua the sales tax dues. It is further submitted that as per the prosecution case, the inspection of the stock was carried on 29th May, 2010 and some stock was found short and the instant FIR is filed. It is submitted that the investigation was already over and in this case even charge-sheet is filed.
3. Mr. Pandya, learned APP for the respondent-State vehemently opposed this application and submitted that there is prima facie involvement of the applicant in the serious offence and the application may be dismissed.
4. Having considered the submissions advanced on behalf of both the sides, so also taking into consideration the fact that, in the instant matter, the investigation was already over and even charge-sheet is filed and considering the FIR and the relevant papers, this Court is of the opinion that the only allegation levelled against the applicant is that he and one Vice-President of the Company executed an undertaking that the stocks shall be retained in the godown of the company. It further prima facie transpires that the applicant, who was General Manager in the company retired on 31.3.2010 and upon stocks which came to be verified on 29.5.2010, some stock was found short.
5. In above view of the matter without going deep into the evidence collected by the police, this Court is of the opinion that upon imposing the requisite terms and conditions, the applicant-accused deserves to be enlarged on regular bail.
7. Learned counsel for the parties do not press for further reasoned order.
8. 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 Manjalpur Police Station, Vadodara C.R.No.I-78 of 2011 on executing a bond of Rs. 15000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 India without prior permission of the trial Court 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 the trial Court.
9. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
10. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
11. Bail bond to be executed before the lower court having jurisdiction to try the case.
12. For modification and/or deletion of any of the conditions herein above, the applicant 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.
13. 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.
14. Rule is made absolute. The application is disposed of accordingly.
15. Direct service is permitted.
(J.C.UPADHYAYA, J.) Ashish N.
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