1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.97 of 2018 registered with Deesa Rural Police Station, Banaskantha for offence under Sections 354(B), 386, 341 and 34 of the Indian Penal Code and Sections 66a and 67 of the Information Technology Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
looking to the nature and gravity of the offence.
4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
I. The FIR is registered on 01.08.2018 for the offence which is alleged to have taken place on 27.07.2018.
II. The applicant is in jail since 05.08.2018.
III. Investigation is concluded and charge sheet is filed.
IV. Submission of learned Advocate for the applicant that the applicant is ready and willing to deposit the amount of Rs.20,000/- without prejudice to his rights and contentions.
V. Considering the nature of offence where the applicant tried to take advantage of the complainant and his relative who were found in the car.
VI. Submission of learned Advocate for the applicant that co-accused similarly situated have been enlarged on regular bail. Hence, applying the principle of parity.
VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case Page 2 of 4 R/CR.MA/2750/2019 ORDER of Sanjay Chandra Vs. Central Bureau of Investigation, reported in 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with I-CR No.97 of 2018 registered with Deesa Rural Police Station, Banaskantha on executing a personal 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 he 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 alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the Page 3 of 4 R/CR.MA/2750/2019 ORDER 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;
[g] to deposit an amount of Rs.20,000/- before the trial Court within a period of one week from today without prejudice to his rights and contentions and to file an undertaking before the trial Court to this effect;
9. The authorities will release the applicant only if he is 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.
10. Bail bond to be executed before the 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.
11. 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.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J) SHITOLE Page 4 of 4