1. Heard Mr.Mehul Sharad Shah, learned advocate for the applicant and Mr. L.R.Pujari, learned APP for the respondent State.
2. This application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I 141 of 2011 with Sector 7 Police Station, Gandhinagar for the offences punishable under Sections 365, 384, 120(b), 364(a), 367 AMD 368 of the IPC and under Section 135 of the G.P.Act.
4. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
I have heard learned advocate appearing for the parties. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I 141 of 2011 with Sector 7 Police Station, Gandhinagar on executing a bond of Rs.25,000/- (Rupees Twenty Five only) with one local 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 injuries 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] not enter into village panchayat limit of village Chudasan till trial is over. mark presence at the concerned police station on any day of first week till the trial is over;
[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;
The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. 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. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi Page 3 of 3