Viraj Devdashbhai Chauhan vs State Of Gujarat

Ilesh J. Vora, J

Mr. S.M. Kikani, learned advocate for the applicants, on instructions, does not press this application qua applicant no.2 namely Akhtar hussain @ Khanbhai Harunbhai Belim with a liberty to file a fresh application before the concerned Court after filing of charge-sheet.

Hence, the present application stands dismissed as not pressed qua applicant no.2 namely Akhtar hussain @ Khanbhai Harunbhai Belim with the aforesaid liberty.

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 C.R. No.11210021220466 of 2022 registered with Katargam Police Station, Dist. Surat City, for the offences punishable under Sections 409, 419, 420, 465, 467, 468, 471 and 114 of the IPC and Section 66D of the Information Technology Act.

It is the submission of learned counsel for the applicant that he is suffering confinement since 27.05.2022. It is stated that the applicant is not having any past antecedents of like nature. Hence, further detention of the applicant is unwarranted.

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 considered the facts of FIR, it appears that the applicant is employee of the company as referred in the FIR. He had executed the work as per the instructions of applicant no.2 who is the owner of Call Center. It is to be noted that the applicant does not have any past antecedents of like nature. The original complainant has not supported the case of prosecution. In such circumstances, this Court is of the view that the application deserves consideration.

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;

Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11210021220466 of 2022 registered with Katargam Police Station, Dist. Surat 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;

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.