The applicant has preferred this application, under Section 439 of the Code of Criminal Procedure, for enlarging him on bail in connection with the offence being CR No. I-10 of 2010 registered with Khawda Police Station, Dist. Kutch, for the offence u/ss. 465, 467, 468, 471, 420, 120(B) and 114 of Indian Penal Code.
Learned Advocate, appearing on behalf of the applicant has contended that looking to the police papers, prima facie, case is not made out against the applicant. He has contended that from the contents of complaint, it does not disclose any ingredient to link the applicant with the alleged offence and, therefore, false case is filed against the applicant. He also stated that in other offences, he has been released on bail by this Court vide order 23-11-2011 passed in Criminal Misc. Application No.15498 of 2011 and vide order 10-10-2011 passed in Criminal Misc. Application No.13121 of 2011. He has also contended that now the charge-sheet is filed and, therefore, there is no question of tampering with any evidence by the applicant.
Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case and in view of the fact that in other offences, he has been released on bail and now since the charge-sheet is filed and he is in jail since 15-5-2010, without entering into the merits of the matter, I am inclined to grant bail to the applicant.
Both the learned Advocates do not press for reasoned order. This is successive bail application.
Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No. I-10 of 2010 registered with Khawda Police Station, Dist. Kutch, for the offence alleged against him in this application on his executing a 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 -
i. not take undue advantage of his liberty or misuse his liberty;
not act in a manner injuries to the interest of the prosecution;
surrender his passport, if any, to the lower court within a week;
not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
mark his presence at the concerned police station on the first Sunday of every month between 10 a.m. and 3 p.m till commencement of the trial.
furnish the present address of his 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 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 concerned Sessions Judge 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