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Vinaji vs State

High Court Of Gujarat|20 June, 2012
Mr. Pandya, Ld. APP waives service of rule for the respondent - State.
1. The instant application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with C.R. No. I-60/2012 registered with Thara Police Station, Dist. Banaskantha, for the offences punishable under Sections 394, 120-B and 114 of the Indian Penal Code.
2. Mr.
Shah, Ld. Advocate for the applicant, at the outset, submitted that in the instant matter, entire investigation is over and charge-sheet is filed. He drew my attention to the relevant contents of the FIR and stated that even in the FIR, at the time when the alleged robbery took place, he was driving the van and the co-accused persons intercepted Van on motorbike and looted the cash and while committing the offence, the co-accused threw chilly powder in the eyes of the applicant and he was also beaten by Dhoka. It is further submitted that nothing is either recovered from the applicant or nothing is recovered at his instance. It is submitted that considering the facts and circumstances of the case, the application may be allowed.
3. Heard learned APP Mr. Pandya for the respondent-State.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the FIR, as also overall facts and circumstances of the case and the fact that now investigation is over and charge-sheet is filed, this Court is of the opinion that the application deserves to be allowed.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-60/2012 registered with Thara Police Station, Dist. Banaskantha, 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 the applicant 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 his 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 Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present address of his residence to the Investigating Officer 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.
7. The authorities will release 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. 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. DSP.
UPADHYAYA, J.) * Pansala.
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Vinaji vs State


High Court Of Gujarat

20 June, 2012