Mr. Kodekar, Ld. APP appears and waives service of rule for respondent State.
1. The instant application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with C.R. No. I-61/2012 registered with Maninagar Police Station, for the offences punishable under Sections 380, 114 and 120-B of the Indian penal Code.
Shukla, Ld. Advocate for the applicant, at the outset, submitted that considering the FIR, the applicant is not specifically named. It is further submitted that after arrest of the applicant, nothing was seized from him and nothing was recovered at his instance. It is further submitted that other co-accused have been released on bail by this Court as well as by Sessions Court. It is further submitted that punishment prescribed for the offence, the application may be granted.
3. Heard learned APP Mr. Kodekar for the respondent-State.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the FIR as well as the fact that other co-accused have been released on bail by this Court as well as by the Sessions Court and considering the punishment prescribed for the offences charged against the applicant accused, the application deserves to be granted.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-61/2012 registered with Maninagar Police Station, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that the applicant 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 his passport, if any, to the lower court within a week;
d) not leave INDIA without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present 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.
7. The authorities will release applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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. DSP.
UPADHYAYA, J.) * Pansala.