By way of present successive 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-55 of 2011 registered with Vejalpur Police Station, District - Godhra, for the offence under Sections 395 and 397 of the Indian Penal Code.
Heard Mr.Japan Dave, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Dave, learned counsel for the applicant, has contended that the applicant is innocent and is falsely involved in the present offence. He has also contended that the applicant is not named in the FIR and only on the basis of suspicion, present applicant is implicated in the present offence. He has also contended that the applicant is of tender age and looking to his age, sympathetic view may kindly be taken. He has further contended that Test Identification Parade is also not carried out. He has further contended that charge-sheet is filed and the applicant is the only bread winner for his family. He, therefore, contended that looking to the facts of the case and overall circumstances, applicant may kindly be released on bail.
As against this, Mr.Jani, learned Additional Public Prosecutor for the respondent-State, has vehemently opposed the present application and contended that stolen property, I.e. mobile phone was found from his possession.
In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant and now the charge-sheet is filed, 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-55 of 2011 registered with Vejalpur Police Station, District - Godhra, 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 -
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) mark his presence before the Investigating Officer on every first day of each English calendar month between 09.00 hours and 14.00 hours;
f) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
g) furnish the 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;
h) surrender his passport, if any, to the lower Court within a week.
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 Sessions Judge 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.
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.
Direct Service is Permitted.
(Z.
K. Saiyed, J) Anup Top