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Judgment
B.N. Karia, J
RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State of Gujarat.
The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being
C.R.No.11821011210482 of
2021 registered with Dahod Town Police Station, District: Dahod for the offence punishable under Sections 379A(3) and 170 of Indian Penal Code.
Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on
regular bail by imposing suitable conditions.
Learned Additional Public Prosecutor appearing on behalf of the respondentÂState has opposed grant of regular bail looking to the nature and gravity
of the offence.
Having heard learned advocate for the applicant as well as learned APP for the respondent State, it appears that it is the case of the prosecution that
unknown person has snatched the mobile phone from the complainant introducing himself as police and ran away from the place of incident on
motorcycle. It further appears that the applicant was arrested on 24.2.2021 and was produced before the Trial Court on 25.4.2021 and till 27.4.2021
for the period of two days remand was been granted, and thereafter, he was sent to the judicial custody. The applicant has preferred the application
for regular bail and the same was rejected by the concerned Sessions Court vide order dated 5.5.2021. It further appears that the identification parade
has not been carried out by the investigating officer as the applicant was not present at the scene of offence. Moreover, it can be noticed from the
contents of the FIR that the place of the incident is public place and nearby to the police station.
In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this
is a fit case to exercise the discretion to enlarge the applicant on regular bail.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being
C.R.No.11821011210482 of 2021 registered with Dahod Town Police Station, District: Dahod on executing a personal bond of Rs.10,000/Â (Rupees
Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant
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 the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station fortnightly for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent 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 learned Sessions Court concerned;
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 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 applicant on bail.
Rule is made absolute to the aforesaid extent.
This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.