1. RULE. Mr. R.C. Kodekar, learned APP, waives service of notice of Rule on behalf of the respondent State.
2 This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR registered at CR No.I-80 of 2013 with Sidhpur Police Station, for the offences punishable under Sections 394 and 114 of the Indian Penal Code .
3. Heard learned Advocate Mr. Himansu M. Padhya, appearing for the applicant and Mr. R.C.Kodekar, learned APP, for the respondent State, who opposed grant of bail to the applicant looking to the nature and gravity of offence.
4. Having heard the learned Advocates for the parties and considering the fact that the investigation is over, charge sheet is filed and the nature of allegations attributed to the applicant, I am of the opinion that the applicant be ordered to be enlarged on bail by imposing suitable conditions on the applicant so as to secure his presence at the stage of trial.
5. Hence, the present application is allowed. Applicant is ordered to be released on bail in connection with the FIR registered at CR No.I-80 of 2013 with Sidhpur Police Station, on executing a personal bond of Rs.25,000/- (Rupees twenty five thousand only) with one local 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 the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on every Monday for a period of three months and thereafter on alternate Monday for a period of one year between 10.00 a.m. and 6.00 p.m. ; and
(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 resident without prior permission of this Court;
6. The Authorities shall release the applicant only if 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 lower Court having jurisdiction to try the case. For modification and/or deletion of any of the conditions here-in-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. 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.
7. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(A.J.DESAI, J.) pnnair Page 3 of 3