1. The applicant has filed this application under Section 439 of Code of Criminal Procedure for grant of Regular bail in connection with IC.R. No.61/2012, registered at Sector 21 Police Station, Gandhinagar, for the offenses punishable under Sections 457, 380, 411, and 114 of the Indian Penal Code. 2A. Ld. Advocate Mr. Gohil appearing for the applicant has urged that there is no recovery or discovery from this applicant. He also submits that there is no incriminating evidence worth the name involving this applicant and therefore, the Court may exercise the discretion in favour of the present applicant.
2B. It is pointed out to the Court by ld. Advocate that one case is pending against the applicant from the same police station. However, nothing incriminating is found in that case as well and this past criminal antecedent should not come in way of the applicant in as much as, his role in the present case reflects no potent evidence to continue him in the jail as pretrial punishment.
3. Ld. APP appeared for the state fairly admits that there is no recovery of any muddamal article from this applicant. Chargesheet is already filed and the case is triable by the ld. Judicial Magistrate First Class.
4. Thus, having heard both the sides and considering the papers and record, this Court is of the opinion that applicant should be enlarged on regular bail for the following reasons:
5. As per the case of the prosecution, the total worth of burglary is of Rs.1,50,000/. However, there is neither any discovery or recovery from this applicant. It is also not apprehended that he is likely to tamper with the evidence and again with no apprehension of his fleeing away from justice, the case for regular bail is required to be considered. Moreover, pendency of one case qua this applicant may not come in his way when evidence in the instant case hardly requires his continuation in the jail till the trial completes.
6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on regular bail in connection with I C.R.No.61/2012, registered at Sector 21 Police Station, Gandhinagar, on executing a bond of Rs.25,000/ (Rupees Twenty Five Thousand only) with two sureties 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 the first Monday of every month between 10.00 a.m. and 3.00 p.m. for three months only and thereafter to mark presence before the court concerned as may be directed by it;
(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;
(g) shall not tamper with the evidence nor act in breach of law nor intimidate any witness directly or indirectly.
7. The Jail Authority will release the applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. For modification of the condition no.(e) herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide such application for modification of condition of this order in accordance with law.
11. 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.
12. This application is allowed. Direct service is permitted. Rule is made absolute.
(Ms. Sonia Gokani, J.) Ankit*