R.P. Dholaria, J.:— Heard Mr. Prerak Oza, learned advocate for the applicant and Mr. L.B. Dabhi, learned APP, for the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 75 of 2018 with Sola High Court Police Station, District Ahmedabad., for the offences punishable under Sections 394, 395, 384, 324, 323 and 114 of the IPC and 135(1) of the Gujarat Police Act.
3. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard learned advocates appearing for the parties and perused the papers of investigation. This Court has considered the fact that after conclusion of the investigation, the charge-sheet is filed and also considered that the other co-accused are already enlarged on bail.
7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I-75 of 2018 with Sola High Court Police Station, District Ahmedabad, on executing a bond of Rs. 15,000/- (Rupees Fifteen 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 injuries 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 Sessions Judge concerned;
[e] mark presence at the concerned police station on every Monday for a period of three months and thereafter on any day of each English Calender Month for a period of one year;
[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;
8. The Authorities will relase 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 for the concerned Court to delete, modify and/or relax any of the above conditions 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 applicant on bail.
9. Rule made absolute to the aforesaid extent. Direct service is permitted.