Budhabhai vs State

1. This application is preferred under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail by the applicants, who have been arrested in connection with C.R.No.I-32 of 2010 registered with Kheda Town Police Station for the offence punishable under Sections 379 and 120B of the Indian Penal Code and Section 3 of the Essential Commodities Act.

2. I have heard learned advocate Mr.K.R. Dave for the applicants and learned A.P.P. Mr.Divyesh Sejpal for the respondent-State at length and in great detail. I have considered the role attributed to the applicants which is reflected in the F.I.R. and police papers. The applicants are the labourers and not involved in the alleged commission of offence. Considering the aforesaid aspect, I am of the view that the applicants deserve to be enlarged on bail.

3. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be enlarged on bail in connection with C.R.No.I-32 of 2010 registered with Kheda Town Police Station on executing a bond of Rs.10,000/- each [Rupees ten thousand only] with one surety each of the like amount to the satisfaction of the Trial Court and subject to the conditions that they shall:

[a] not take undue advantage of their liberty or abuse their liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender their passport, if any, to the lower Court within a week;

[d] not leave the State of Gujarat without the prior permission of the Sessions Court concerned;

[e] mark their presence at the concerned police station on any day of first week of every English calendar month between 9.00 AM and 2.00 PM. till the trial is over;

[f] furnish the present address of their residence to the I.O. and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;

[g] maintain law and order.

4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.

5. Bail bond to be executed before the lower Court having jurisdiction to try the case.

6. 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 applicants on bail.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(H.B.

ANTANI, J.) Hitesh Top