Ajit Amritkumar Thakur ( Brahmin ) ... vs State Of Gujarat

[1] RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being C.R.No.I-17 of 2016 registered with Himmatnagar (Rural) Police Station, District: Sabarkantha for the offences under Sections 406, 420, 114 of the Indian Penal Code.

[3] Learned advocate for the applicants submits that considering the nature of allegations, role attributed to the applicants, the applicants may be enlarged on regular bail by imposing suitable conditions.

[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

[6] In the facts and circumstances of the case and considering the nature of allegations made against the applicants in the FIR and the charge-sheet is already submitted, I am of the opinion that discretion is required to be exercised in favour of the applicants and enlarge the applicants on regular bail.

[7] Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an offence being C.R.No.I-17 of 2016 registered with Himmatnagar (Rural) Police Station, District: Sabarkantha on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of the like amount to the satisfaction of the learned Trial Court and additionally shall deposit Rs.25,000/- against any liability that may arise in the aforesaid case before the learned trial Court and the learned trial Court shall be at liberty to decide regarding disbursement of the said amount of the conclusion of trial. In case breach of above condition, the bail order will automatically stands cancelled without any reference to the Court and subject to further conditions that the applicants 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 the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu May 05 03:45:58 IST 2016 R/CR.MA/10432/2016 ORDER every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent 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;

[8] The Authorities will release the applicants only if they are 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned 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 applicants on bail.

[9] Rule is made absolute to the aforesaid extent. Direct service is permitted.

(R.P.DHOLARIA,J.) dharmendra Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu May 05 03:45:58 IST 2016