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Judgment
Gita Gopi, J
Rule. Learned Public Prosecutor waives service of notice of Rule on behalf of respondent â€" State.
These applications have been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR
No.11191020201509 of 2020 registered with Vastrapur Police Station, for offences punishable under sections 406, 420, 468, 506(2), 294(b) and 120-B
of IPC.
Learned senior advocates appearing for the applicants submitted that the dispute between the parties pertains to certain stipulations in the rent
agreement in connection with which the Civil Suits have been filed before the competent Civil Court which are reportedly pending wherein the civil
rights of the parties shall be adjudicated upon. It was, therefore, prayed that the present applications may be allowed and the applicants herein may be
released on regular bail.
Mr. Mitesh Amin, learned Public Prosecutor, stated that under the garb of agreement, there is a conspiracy to usurp the property and hence no
discretion may be exercised in favour of the applicants.
Heard learned advocates on both the sides and perused the material on record. The allegation mentioned in the FIR reflects about some rent
agreement and as stated, Civil Suits have been instituted, which are reported to be pending. Considering the facts and circumstances of the case, this
Court finds this to be a fit case where discretion could be exercised in favour of the applicants.
Hence, the present applications are allowed. The applicants are ordered to be released on regular bail in connection with FIR No.11191020201509
of 2020 registered with Vastrapur Police Station on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety of
the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious 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 concerned trial court;
[e] furnish the present 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 concerned trial court;
The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 lower Court having jurisdiction to try the case.
Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by
Fax or Email forthwith. Office to place copy of the order in Cr.M.A. No.19211 of 2020.