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CR.MA/12077/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12077 of 2011
=========================================================
BIPINBHAI
SOMABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YS LAKHANI for MR ABHIRAJ R TRIVEDI
for
Applicant(s) : 1,
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/09/2011
ORAL
ORDER
Heard
learned Advocate for the applicant and learned APP Mr.Jani, on
behalf of respondent.
The
applicant has preferred this application, under Section 439 of the
Code of Criminal Procedure, for enlarging him on bail in connection
with the offence being CR No. I-108 of 2010 registered with Vadodara
Taluka Police Station, Dist. Vadodara, for the offence u/ss. 302,
330, 341, 342, 323, 348, 201, 143, 147, 148, 149, 504, 506(2),
120-B, 114 of Indian Penal Code.
Learned
Advocate, appearing on behalf of the applicant has contended that
looking to the police papers, prima facie, case is not made out
against the applicant. He has contended that there is an unexplained
delay of 17 days in lodging the FIR. He has contended that now the
charge-sheet is filed and, therefore, there is no question of
tampering with the evidence by the applicant. He has contended that
out of six accused, four accused have been released on bail. He has
contended that the case is based on circumstantial evidence.
Learned APP has also vehemently opposed the grant of this
application.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case and looking to the fact that the
charge-sheet is already filed, therefore, without entering into the
merits of the matter, I am inclined to grant bail to the applicant.
Both the learned Advocates do not press for reasoned order.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I-108 of 2010
registered with Vadodara Taluka Police Station, District Vadodara,
for the offence alleged against him in this application on his
executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one
solvent 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 his liberty or abuse his liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat till the disposal of Sessions case
without the prior permission of the concerned Sessions Judge.
f) furnish
address of his residence to the I.O. 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) surrender
his passport, if any, to the lower Court within a week.
5. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
6. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
7. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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