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Judgment
A.L. Dave, J.—Heard learned advocate for the applicant and learned Additional Public Prosecutor for the State.
Following aspects are considered:
(1) The applicant is facing charges for offences punishable under Sections 395, 397, 120B and 440 of I.P.C.
(2) Investigation is over and charge sheet is filed.
(3) No T.I. Parade is arranged in respect of the applicant. Differently put, the applicant has not been identified by the witnesses about his involvement of the main offence.
(4) The only material against the applicant is in the form of recovery of money.
(5) The applicant has no criminal antecedents.
Considering the above aspects, bail cannot be denied.
The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No. I-129 of 2005 of Prantij Police Station on his executing a bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark his presence before the concerned Police Station on 2nd Sunday of every even numbered English calendar month between 9.00 A.M. And 2.00 P.M.;
(e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
Bail before the Lower Court having jurisdiction to try the case.
Rule is made absolute.
Direct service is permitted.