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Naresh vs State

High Court Of Gujarat|09 July, 2012
Rule.
Mr.Nanavati, learned APP appears and waives service of rule for respondent - State.
The instant application is filed seeking regular bail after chargesheet under Section 439 of the Code of Criminal Procedure in connection with Anand Town police station C.R. No.I-173 of 2011 for the offences punishable under Sections 454, 457, 380 and 114 of the IPC.
Mr.Buch, learned advocate for the applicants, at the outset, submitted that the applicants are not specifically named in the FIR. It is further submitted that during the course of investigation, certain muddamal in form of ingot came to be seized. The applicants have no past criminal antecedent. It is further submitted that considering the nature of offence alleged against the applicants, and the punishment prescribed for the said offence, the application may be granted.
Mr.Nanavati, learned APP for the respondent - State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and further the fact that some of the allegedly stolen muddamal came to be seized in the form of ingot, and further considering the nature of offence alleged against the applicants, and the punishment prescribed for such offence, and further the fact that no past criminal antecedence has been alleged against the applicants, the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with Anand Town police station C.R. No.I-173 of 2011, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety 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 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 India without prior permission of the trial Court 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 residence to the I.O. 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;
The Authorities will release the applicants only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top
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