1. Rule. Ms. Jhaveri, learned APP waives service of Rule on behalf of the respondent - State.
2. This application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I - 347 of 2011 registered with Navrangpura Police Station, Ahmedabad, for the offences u/s. 408, 409, 420, 465, 467, 468, 471, 474, 120(B) and 114 of the Indian Penal Code and Section 37(1).
3. Learned advocate Mr. Goswami for the applicant submitted that the applicant is an innocent person and he has not committed any alleged offence. He also submitted that in the year 2011, the FIR was lodged against the applicant. He also submitted that main accused who committed forgery, have been enlarged on bail. He therefore prayed to enlarge the present applicant on bail by imposing suitable conditions.
R/CR.MA/10760/2015 ORDER
4. Learned APP strongly opposed the bail application of the applicant and looking to the role on the part of the applicant and serious of the offence, discretion is not required to be exercised in favour of the present applicant.
5. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact that co-accused have been released on regular bail, I am inclined to grant bail to the applicant. At this stage, this Court is not going into the merits of the case.
6. Considering the above, this application is allowed. The applicant is ordered to be released on bail in connection with CR No.I 347 of 2011 registered with Navrangpura Police Station, Ahmedabad, for the alleged offence, on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one solvent 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the country without the prior permission of the concerned Sessions Judge;
f) furnish the address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not Page 2 of 3 R/CR.MA/10760/2015 ORDER change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
7. The Authorities will release the applicantonly 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 applicant on bail.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) YNVYAS Page 3 of 3