RAJENDRAKUMAR CHANDUBHAI VASAVA vs STATE OF GUJARAT

The present application is filed under Section 439

of the Code of Criminal Procedure in connection with

an offence being C.R.No.I-19 of 2017 registered with

Chaklashi Police Station, District: Kheda for the

offences punishable under Sections 406, 420, 465, 467,

468, 471, 474 and 120-B of the Indian Penal Code.

Learned Additional Public Prosecutor Shri J K Shah,

appearing on behalf of the respondent-State has

opposed grant of regular bail looking to the nature

and gravity of the offence.

I have heard learned advocates appearing on behalf

of the respective parties.

In the facts and circumstances of the case and

considering the nature of allegations made in the

First Information Report prima facie also do not

disclose the name of the applicant. I am of the of the

opinion that this is a fit case to exercise the

discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed and the

applicant is ordered to be released on regular bail

in connection with an offence being C.R.No.I-19 of

2017 registered with Chaklashi Police Station, on

executing a personal bond of Rs.5,000/- (Rupees Five

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;

[a] not take undue advantage of his liberty or

misuse his liberty;

[b] not act in a manner injurious to the interest

of the prosecution;

[c] surrender his passport, if any, to the lower

court within a week;

[d] not leave the State of Gujarat without prior

permission of the Sessions Judge concerned;

[e] mark his presence before the concerned Police

Station on alternate Monday for initial

three months and thereafter, on first Monday

of every English calendar month, for a

period of six months, between 10:00 a.m. and

2:00 p.m.;

[f] furnish latest 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 this Court;

[g] the applicant shall not enter the limits of

Chaklashi Police Station till the

chargesheet is filed.

The Authorities 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 learned 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, learned 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. Rule is made absolute

to the aforesaid extent.

Direct service is permitted.