The instant application is filed seeking regular bail after chargesheet under Section 439 of the Code of Criminal Procedure in connection with Vasad police station, Dist.Anand CR No.I-151 of 2008 for the offences punishable under Sections 395, 396, 397, 412, 120B of the IPC.
Mr.Hakim, learned advocate for the applicant, at the outset, submitted that in the instant matter, the entire investigation is over and chargesheet is filed. It is further submitted that considering the chargesheet papers, no specific role is attributed to the applicant, nothing came to be recovered from him or at his instance. It is submitted that six co-accused, against whom chargesheet came to be filed, have been released on regular bail by this Court and he drew my attention to the copies of those orders annexed with this application. He submitted that more of less, the role attributed to the applicant being member of the alleged gang was the role attributed to the persons, who have been released on bail.
Mr.Nanavati, learned APP for the respondent - State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the FIR as well as considering the copies of orders, namely, order dated 24.2.2012 passed in Cr.M.A.No.833 of 2012, order dated 11.8.2010 passed in Cr.M.A.No.8999 of 2010, order dated 29.9.2010 passed in Cr.M.A.No.10267 of 2010, order dated 30.3.2012 passed in Cr.M.A.No.3536 of 2012 and order dated 30.3.2012 passed in Cr.M.A.No.3538 of 2012 and considering the facts and circumstances of the case, this Court is of the opinion that the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Vasad police station, Dist.Anand CR No.I-151 of 2008, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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 India without prior permission of the trial Court concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(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 residence without prior permission of this Court;
The Authorities will 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 trial Court 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 herein above, the applicant/s 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.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top