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Judgment
Ilesh J. Vora, J
Rule. Learned APP waives service of notice of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
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.11208058220089 of 2022 registered with Airport Police Station, Dist. Rajkot City, for the offences punishable under Sections 65(a), 65(e), 116-B, 81 and 98(2) of the Prohibition Act.
It is the submission of learned counsel for the applicant that he is suffering confinement since 17.04.2022. Hence, further detention of the applicant is unwarranted. It is stated that the applicant is not having any past antecedents of like nature.
Learned 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 carefully scrutinized the contents of FIR, it appears that the applicant herein is the driver of the vehicle. So far the applicant is concerned, investigation qua him is over. The applicant is not having any past antecedents of like nature. Therefore, further custody of the applicant would not survive any fruitful purpose and therefore, this 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.11208058220089 of 2022 registered with Airport Police Station, Dist. Rajkot City, on executing a personal bond of Rs.10,000/- (Rupees Ten 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 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.
Nothing stated herein above, 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. Direct service is permitted.