The present application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for the grant of anticipatory bail in connection with I-C.R.No.125 of 2010 registered with "A" Division Police Station, for the offences punishable under Sections 408 and 114 of the Indian Penal Code.
Learned counsel, Mr.Apurva Dave for the applicant referred to the FIR and submitted that as stated in the FIR, the cash transaction was made by the complainant himself and therefore, the present applicant is sought to be implicated.
Learned A.P.P. Mr. S.J.Shukla resisted the application and submitted that there are statements of witnesses in whose presence the amount is said to have been given and therefore, the present application may not be entertained.
Having heard learned counsel Mr. Dave for the applicant-accused and learned A.P.P. Mr. Shukla for the respondent-State and having perused the papers and considering the guidelines for exercise of discretion under Section 438 of the Criminal Procedure Code, the present application deserves to be allowed.
Accordingly, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with I-C.R.No.125 of 2010 registered with "A" Division Police Station, Bhavnagar in respect of the offence alleged against him on his executing bond of Rs.5,000/- (Rupees Five thousand only) with one solvent surety of the like amount, by him, by the concerned Police Officer and on conditions that he shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 17.09.2010 between 11.00 a.m. and 5.00 p.m;
c) make himself available for interrogation by Police Officer, whenever and wherever required;
d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
e) not to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
f) at the time of execution of bond, furnish his address to the Investigating Officer and the Courts concerned, and shall not change his residence till the final disposal of the case or till further orders;
g) not leave India without the permission of the Court and if having Passport, shall deposit the same before the trial Court within a week;
h) It should be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the learned Magistrate would decide it on merits.
This order will hold good if the applicant is arrested at any time within 90 days from today. The order for release on bail will remain operative only for a period of ten days from the date of his arrest, during which it will be open to the applicant to make fresh application for being enlarged on bail in usual course which when it comes before the competent Court, will be disposed of in accordance with law, having regard to all the attending circumstances and the materials available at the relevant time uninfluenced by the fact that anticipatory bail was granted.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) ***darji Top