1. This application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being I-C.R. No.121 of 2019 registered before Limkheda Police Station for the offences punishable under Sections 395, 397 of the IPC.
2. Learned advocate Mr.Vijay P. Desai has submitted that the applicant is an innocent person and he has not committed any offence as alleged. Further, the applicant is not at all named in the FIR and in addition to it, in two other offences similar in nature, the present applicant is already released on bail and such release is not misused by the present applicant and hence, by imposing suitable conditions, the applicant be enlarged on regular bail.
3. As against the aforesaid submission, learned APP Mr.J.K.Shah, has submitted that the applicant has Page 1 of 4 Downloaded on : Fri Jul 24 00:22:36 IST 2020 R/CR.MA/8926/2020 ORDER arraigned himself in commission of a serious crime. It has also been pointed out that he may not be named in the FIR but, during the course of investigation, his name has been surfaced. As a result of this, this is not a fit case to grant the regular bail to the applicant. However, after perusing the further orders attached with the application reflecting on page-9 of the compilation and in view of the fact that in two other offences, the applicant is already released which is not misused by the applicant in any manner, the learned APP has ultimately left it to the discretion of the Court.
4. Having heard learned advocates appearing for the parties and having gone through the material on record, it appears that the applicant's name is surfaced in the FIR subsequently and in two other offences, the applicant is already released which is not misused by the applicant in any manner, the Court is inclined to accept the request of the applicant.
5. Hence, in view of the above, the present application is allowed. The applicants are ordered to be released on regular bail in connection with the FIR, being I-C.R. No.121 of 2019 registered before Limkheda Police Station, 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month between 11.00 a.m. and 2.00 p.m.;
(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 Trial Court;
6. The authorities will release the applicants only if they are 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.
7. 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.
8. 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.
9. Rule is made absolute to the aforesaid extent.
10. The Registry is directed to communicate this order by FAX and/or e-mail to the trial court concerned, forthwith.
(ASHUTOSH J. SHASTRI, J) DRASHTI K. SHUKLA Page 4 of 4 Downloaded on : Fri Jul 24 00:22:36 IST 2020