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Judgment
M. K. Thakker, J
RULE. Learned APP waives service of rule for the respondent-State.
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being Part A C.R.NO. 11191008230418 of 2023 registered with Chandkheda Police Station, Ahmedabad.
Learned Advocate Mr.Thakkar submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail.
This Court has heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
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.
Following aspects are considered:
(a) The applicant is not named in the FIR.
(b) No T.I parade is conducted.
(c) arrest was made from the statement of the co-accused.
(d) charge sheet is filed.
(e) he is behind the bars since 29.01.2024.
(f) there are no past antecedents of the applicant.
In the facts and circumstances of the present case, this Court is inclined to consider the case of the applicant.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being Part A C.R.NO. 11191008230418 of 2023 registered with Chandkheda Police Station, 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
c) surrender passport, if any, to the Trial Court within a week;
d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
f) furnish the present 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 Trial Court;
g) not enter the area of Chankheda Police Station, Ahmedabad, till conclusion of trial except for the purpose of marking presence before the concerned Police Station and attending the trial proceedings.
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 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, the 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.