1. Rule, Mr.
Kodekar, learned APP appears and waives service of notice of rule for the respondent-State.
2. The instant application is filed seeking regular bail after charge-sheet under Section 439 of the Code of Criminal Procedure in connection with Nadiad Town Police Station, District-Kheda C.R.No. I-9/2012 regarding the offences punishable under Sections 457, 380 and r/w Section 114 of the IPC.
3. Mr. Dagli, learned advocate for the applicant, at the outset, submitted that in the instant matter, the entire investigation is over and the charge-sheet is filed. It is further submitted that so far as the applicant is concerned, no role is attributed to him at the time of alleged offence was committed. It is further submitted that nothing came to be seized from the applicant or nothing came to be recovered at his instance. It is further submitted that in the nature of allegation and punishment prescribed for the offence, the application may be allowed.
4. Mr.
Kodekar, learned APP for the respondent-State opposed this application.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant and the fact that now the entire investigation is over and charge-sheet is filed and further the fact that nothing came to be seized from the applicant or discovered at his instance.
6. Learned counsel for the parties do not press for further reasoned order.
7. 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 F.I.R. being C.R.No. I-9/2012, Nadiad Town Police Station, District-Kheda, on executing a bond of Rs.10,000/- (Rupees Ten 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 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.
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. 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.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. 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.
12. 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.
13. Rule is made absolute accordingly. Direct service is permitted.
(J.C.UPADHYAYA, J.) Ashish N.
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