The present application has been filed by the applicant for grant of regular bail under section 439 of Code of Criminal Procedure, 1973, after the charge sheet is filed.
The applicant is charged with having committed offence sections 395, 397 and 412 of Indian Penal Code as well as section 135(1) of Bombay Police Act, for which, F.I.R. being I-C.R.No.25 of 2010 has been registered with G.I.D.C. (Vatva) Police Station.
Learned advocate Mr.Vaibhav Vyas for the applicant accused referred to the papers and submitted that considering the nature of offence as well as the fact that charge sheet is filed, present application may be allowed. He submitted that there are seven other cases, however, present application may be allowed.
Learned Additional Public Prosecutor Ms.Manisha Shah resisted the application and submitted that applicant is habitual offender as there are seven other cases and there is one major case of decoit wherein he has been arrested on the basis of C.C.T.V. Camera and, therefore, considering the antecedents present application may not be allowed.
In rejoinder, Mr.Vaibhav Vyas, learned advocate for the applicant, has submitted that other co-accused has been released on bail.
Having considered learned advocate Mr.Vaibhav Vyas for applicant and Ms.Manisha Shah, learned APP and having considered the nature of offence and role attributed to the applicant, present application deserves to be allowed, subject to the conditions, in view of antecedents which are required to be imposed as mentioned hereinafter.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.25 of 2010 has been registered with G.I.D.C. (Vatva) Police Station on his executing bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower 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 pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) mark his presence before concerned Police Station on 1st Monday of English calender month between 11:00 AM to 2:00 PM till the trial commences.
(f) shall not enter into area of Vatva Police Station, except for the purpose of marking presence or attending the court proceedings;
(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 his residence without prior permission of the Court.
(g) surrender his passport, if any, to the lower Court, within a week.
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.
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.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) Amit Top