Learned counsel, Mr.Nikhil S. Kariel, is permitted to file his Vakalatnama on behalf of the complainant.
By way of present application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-76 of 2012 registered with Vejalpur Police Station for the offences punishable under Sections 363, 323, 294(B), 506(2) and 114 of IPC, 25(1)BA of Arms Act and Sec.135(1) of G.P. Act.
Heard learned counsel for the applicant, Mr.V.M.Gamara, learned Additional Public Prosecutor, Ms.C.M.Shah for respondent-State and learned counsel, Mr.Nikhil Kariel for the original complainant.
It is to be noted that it is within the jurisdiction of Magistrate to conduct the trial. It is also noted that this is the first offence and no other offences were registered against him. In the facts and circumstances of the case, 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-76 of 2012 registered with Vejalpur Police Station, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees twentyfive 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 pressurise 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 State of Gujarat without prior permission of the Sessions Judge concerned;
f) not to enter the area of Vejalpur Police Station limits for six months without prior permission of the Court but for attending the court in connection with the case, he shall be free to enter and shall leave the limits immediately thereafter;
g) furnish the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
h) 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.
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.
[M.D.SHAH,J.] radhan Top