1. Rule. Learned APP Mr.Patel waives service of Rule on behalf of the respondent State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-28 of 2019 registered with Sagbara Police Station, Narmada for offence under Sections 436, 427 and 114 of the Indian Penal Code.
3. 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.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular Page 1 of 5 Downloaded on : Tue Jan 07 23:36:38 IST 2020 R/CR.MA/24172/2019 ORDER bail looking to the nature and gravity of the offence.
5. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
7. This Court has considered following aspects;
(a) the applicant is in jail since 29.11.2019; (b) remand period is over and investigation is almost concluded qua the applicant; (c) it is submitted by learned advocate for the applicant that for the alleged incident which had taken place on 6.1.2019, FIR is lodged on 10.10.2019, thus, there is a delay of more than nine months in filing the FIR; (d) it is further submitted that co-accused against whom almost similar type of allegations are levelled has been enlarged on regular bail by coordinate Bench of this Court vide order dated 14.11.2019, copy of the said order is placed on record at Page 2 of 5 Downloaded on : Tue Jan 07 23:36:38 IST 2020 R/CR.MA/24172/2019 ORDER page 12 of the compilation; (e) it is therefore urged that on the ground of parity, the case of the applicant be considered; (f) it is further submitted that the present applicant is also impleaded in connection with another FIR registered with Kamrej police station and in the said case also, the coordinate Bench of this Court has released the applicant on regular bail, copy of the said order is produced during the course of hearing; in view of the aforesaid facts and circumstances of the present case, I am inclined to exercise discretion in favour of the applicant.
8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in  1 SCC 40.
9. Hence, the present application is allowed.
The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-28 of 2019 registered with Sagbara Police Station, Narmada 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 Page 3 of 5 Downloaded on : Tue Jan 07 23:36:38 IST 2020 R/CR.MA/24172/2019 ORDER 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 India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station between 1st to 10th day 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 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 the concerned trial court;
10. 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. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open Page 4 of 5 Downloaded on : Tue Jan 07 23:36:38 IST 2020 R/CR.MA/24172/2019 ORDER 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 prima facie observations made by this Court in the present order.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(VIPUL M. PANCHOLI, J) SRILATHA Page 5 of 5 Downloaded on : Tue Jan 07 23:36:38 IST 2020