Manishbhai @ Mansukhbhai Parshottambhai Umrethiya vs State Of Gujarat

Ilesh J. Vora, J

Rule. Ld. APP waives Rule for the respondent State. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being No.11214020220436 OF 2022 registered with Kamrej Police Station, Dist. Surat, for the offences punishable under the provisions of the Prohibition Act.

It is the submission of learned counsel for the applicant that, he is suffering confinement since 05.03.2022 and chargesheet has already been filed. He has no criminal antecedent. Hence, further detention of the applicant is unwarranted.

Ld. APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant

Having considered the learned counsel for the parties and upon perusal of the material placed on record, it appears that investigation is concluded and chargesheet has already been filed. He is in jail since 05.03.2022. He has no criminal antecedent. The prosecution has not pointed out that further custody of the applicant is necessary. In view of the same, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being No.11214020220436 OF 2022 registered with Kamrej Police Station, Dist. Surat on executing a personal bond of Rs.50,000/- (Rupees Fifty thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

No.

Conditions

(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 India without prior permission of the Sessions Judge concerned;

(e)

furnish latest 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 trial Court;

The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Rule is made absolute to the aforesaid extent.

Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Registry to send a copy of this order to the concerned Jail Authority as well as ld. Sessions Court forthwith through fax and e-mail.