Applicant-Vipulsinh Kalusinh Darbar has preferred this application under Section 439 CrPC for grant of regular bail in connection with complaint being I-C.R No. 370 of 2011 registered with Sector-7 Police Station, Gandhinagar [Gujarat] for the offences punishable under Sections 302, 392, 201 & 120-B IPC.
Learned advocate Shri Nirupam Nanavati fervently urged that the chargesheet in the matter has already been filed and the co-accused has been enlarged on bail by this Court [Coram : M.D Shah, J.] vide order dated 19th April 2012 rendered in Criminal Misc. Application No. 3784 of 2012.
It is further submitted by the learned advocate for the applicant that considering the nature of allegations and the role attributed to the applicant; by imposing suitable conditions, applicant can as well be enlarged on bail. He also urged that the applicant is in jail since 16th November 2011.
On having heard learned advocate for the applicant as well as learned APP Shri MG Nanavati for the respondent-State and taking into considering the fact that this Court has already granted regular bail to co-accused by considering nature of allegations; role attributed to the accused, coupled with the fact that the chargesheet in the offence alleged is already filed, this Application is allowed. Applicant is ordered to be released on bail in connection with C.R. No.I-370 of 2011 registered at Sector 7 Police Station, Gandhinagar [Gujarat] on executing a bond of Rs. 20,000/- (Rupees Twenty thousand only) with one surety of 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 Gujarat & India without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the 1st and 15th of every English Calender month between 11.00 a.m. and 3.00 p.m.;
(f) furnish the present address of 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;
The jail authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court concerned will be at liberty 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.
For modification and/or deletion of any of the conditions herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
The trial court shall not be influenced by the observations of preliminary nature made, while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Ms.
Sonia Gokani, J.) Prakash* Top