By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with C.R. No.I-09 of 2012 registered with 'A' Division Police Station, Rajkot for the offence under Sections 392 and 114 of the Indian Penal Code.
It is submitted that by learned advocate for the applicants that offence is triable by the Court of learned Judicial Magistrate First Class and charge-sheet is filed.
This Court has gone through the complaint. Considering the facts of the case and the fact that offence is triable by Judicial Magistrate First Class, without entering into the merits of the case, prima facie, this Court is of the opinion that this application deserves to be allowed.
Hence the application is allowed. The applicants are ordered to be released on bail in connection with C.R. No.I-09 of 2012 registered with 'A' Division Police Station, Rajkot for the offence alleged against them on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) each with one solvent 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 abuse liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of their residence along with the proof to the Investigating Officer 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) surrender passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicants on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M.D.
Shah, J) Anup Top