Ravi @ Ravindra Surajbali Yadav vs State Of Gujarat

1. Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent­State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R. NO.I­29 of 2014 registered with the D.C.B. Police Station, Ahmedabad of the offence punishable under Sections 406, 420, 465, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 65, 66 of I.T. Act.

3. Mr.Dagli, the learned advocate appearing on behalf of the applicant has drawn attention of this Court to the order passed by the Coordinate Bench of this Court, wherein the bail of the co­accused is granted on 5th February, 2015, in Criminal Misc. Application No.21240 of 2014. He has further submitted that in the present case, nothing is recovered from the possession of the applicant. The learned advocate for the applicant submitted that considering the nature of offence, the Page 1 of 3 R/CR.MA/3606/2015 ORDER applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned Additional Public Prosecutor appearing on behalf of the respondent­State has opposed grant of regular bail looking to the nature and gravity of the offence.

5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of investigation and considered the allegations levelled against the applicant and the role played by the applicant. The investigation is over and the chargesheet has been filed. The offence is triable by the Magistrate.

7. In the facts and circumstances of the case and considering the order passed by the Coordinate Bench of this Court and considering the nature of the allegations made against the applicant in the FIR without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarged the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the offence being C.R. No. I - 29 of 2014 registered with the D.C.B. Police Station, Ahmedabad on executing a personal bond of Rs.10,000/(Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty; Page 2 of 3

R/CR.MA/3606/2015 ORDER

(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 leave the State of Gujarat and Maharashtra without the prior permission of the lower Court till the conclusion of the trial;

(f) mark his presence on every 15 days at D.C.B. Police Station, Ahmedabad.

(g) furnish his permanent residential address within the State of Gujarat to the Investigating Officer with proper verification.

8. 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 learned 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, learned 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 application on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(Z.K.SAIYED, J.) ali Page 3 of 3