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 CR No.I-63 of 2011 registered with Dwarka Police Station for the offence punishable under Sections 395, 365, 364(A) and 120(B) of IPC and Sec.135(1) of B.P.Act.
Heard Mr.Premal Ranch, learned counsel for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is to be noted that charge sheet is filed in the present case and it is within the jurisdiction of Magistrate to conduct the trial. In the facts and circumstances of the case and considering the nature of offence, sentence and now the charge-sheet is filed, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-63 of 2011 registered with Dwarka Police Station, for the offence alleged against him in this application on each of them executing personal bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that -
a) he shall not take undue advantage of liberty or abuse liberty;
b) he shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) he shall maintain law and order and should cooperate the Investigating Officer;
d) he shall not act in a manner injurious to the interest of the prosecution;
e) he shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) he shall mark presence before the Dwarka Police Station once in a month more particularly between 1st and 5th of month between 10.00 a.m. and 2.00 p.m. till trial is over;
g) he shall not to enter the vicinity of Dwarka for 4 months, without prior permission of the Court but for attending the court and for marking his presence before the Dwarka Police Station in connection with the case, he shall be free to enter and shall leave the limits immediately thereafter;
h) furnish the address of his 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;
i) surrender his 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. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
[M.D.SHAH, J.] ..mitesh..
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