1. The applicant has filed this application for regular bail under Section 439 of the Code of Criminal Procedure in connection with the offence being C.R.No.I-80 of 2011 registered with Amroli Police Station for the offence punishable under Sections 465, 467, 468, 471 and 120-B of I.P.C. and Section 25(1)(A) of the Arms Act.
2. Heard learned advocate Mr.B.C. Dave for the applicant and learned APP for the respondent. Learned advocate appearing for the applicant has contended that as per the chargesheet, it is prima facie alleged by the prosecution that the present applicant has obtained license from one Jogindar, who is stated to be the absconder as per the chargesheet. Mr.Dave contended that the applicant herein is originally resident of U.P. but since 10 years, he is residing at Surat. Learned advocate Mr.Dave further contended that if the applicant is released on bail, he will be available during the trial and will not tamper with the evidence. Thus, learned advocate Mr.Dave contended that the applicant is innocent and has not committed any offence as alleged in the FIR. Therefore, looking to the facts of the case, the applicant may be released on bail by imposing suitable conditions.
3. Learned A.P.P. Mr.H.L. Jani for the respondent-State has vehemently opposed this application and contended that the co-accused in the matter is the absconder and the present applicant has filed this application being an outsider and, therefore, the present application is not required to be allowed.
4. Having heard the learned counsel for the parties, looking to the facts of the case and the fact that now the charge-sheet is filed and when the applicant is available during the trial, without entering into the merits of the case, I am inclined to grant this application. Both the parties do not press for reasoned order.
5. Considering the above, this application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-80 of 2011 registered with Amroli Police Station for the offences alleged against him in this application on his executing a Bond of Rs.15,000/- (Rupees fifteen 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 try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without the prior permission of the concerned Sessions Judge.
f) mark his presence at the concerned Police Station twice in a month i.e. on 1st and 15th day of every English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
(g furnish the 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;
h) surrender his passport, if any, to the lower Court within a week.
6. 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.
7. 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.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) Hitesh Top