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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 applicants, by way of this application filed under Section 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being Part-A C.R. No.11210047220802 of 2022 registered with Udhna Police Station, Dist. Surat, for the offences punishable under Sections 379(A)(3) and 114 of the IPC.
It is the submission of learned counsel for the applicants that they are suffering confinement since 09.04.2022. It is stated that chargesheet has already been filed. Hence, further detention of the applicants is unwarranted.
Learned APP has opposed the bail application contending that, considering the conduct of the applicants and nature of accusation, the discretion may not be exercised in favour of the applicants.
Upon careful consideration of charge-sheet case papers, it appears that, the applicants are in jail since 09.04.2022. There is no possibility of concluding the trial in near future. Considering the past antecedents of the applicants, the matter deserves consideration with imposing stringent conditions.
Hence, present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being Part-A C.R. No.11210047220802 of 2022 registered with Udhna Police Station, Dist. Surat, on executing a personal bond of Rs.10,000/- (Rupees Ten thousand only) each, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they 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;
(f)
not enter into the limits of City and District: Surat for a period of two years except for the purpose of attending the Court proceedings, if any;
The Authorities will release the applicants only if they are 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 applicants on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.