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Judgment
Nirzar S. Desai, J
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- 11 of 2022 registered with CID Crime Police Station, District: Ahmedabad Zone, Ahmedabad for offences punishable under Sections 406, 409, 420, 465, 467, 468, 470, 471, 477(A), 120 (B) and 114 of the Indian Penal Code.
Learned advocate appearing for the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Report submitted by learned APP is taken on record.
Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
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.
This Court has considered the following aspects:-
(a) The applicant is in jail since 11.01.2023;
(b) Investigation is over and the charge-sheet is filed;
(c) Offence is stated to have taken place before more than five years whereas the FIR is registered in the year 2022;
(d) there is no past antecedent registered against the present applicant;
(e) co-accused having similar or graver role are enlarged by this Court as well as by the Trial Court, co-accused - Iqbal Kasim Abidali Momin has been released on regular bail by this Court vide order dated 04.05.2023 passed in Criminal Misc. Application No. 7876 of 2023, Yogesh Iswarlal Mistry has been released on regular bail by this Court vide order dated 28.04.2023 passed in Criminal Misc. Application No. 5936 of 2023, Sajjadali Husainali Merchant has been released on anticipatory bail by this Court vide order dated 06.06.2023 passed in Criminal Misc. Application No. 7765 of 2023, Chunilala Revabhai Patel has been released on anticipatory bail by this Court vide order dated 06.06.2023 passed in Criminal Misc. Application No. 5700 of 2023, Chetnbhai Chunilal Patel and Kamleshbhai Chunilal Patel has been released on regular bail by the Trial Court vide order dated 02.06.2023 passed in Criminal Misc. Application No. 4397 of 2023, Chandubhai Shankarbhai Nadiya @ Hadiyel Chandrakant Shankarbhai has been released on regular bail by the Trial Court vide order dated 02.06.2023 passed in Criminal Misc. Application No. 4255 of 2023,
In the facts and circumstances of the present case, I am inclined to consider the case of the present applicants.
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 [2012] 1 SCC 40.
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- 11 of 2022 registered with CID Crime Police Station, District: Ahmedabad Zone, Ahmedabad 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 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;
The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 for the concerned Sessions 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 prima facie observations made by this Court in the present order.
Rule is made absolute to the aforesaid extent. Direct service is permitted.