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Judgment
Pranav Trivedi, J
RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.
By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R. No. 761 of 2024 registered with G.U.V.N.L. Police Station, Dist. Surat for the offences punishable under Sections 135(1)B, 150 of the Indian Electricity Act.
Learned advocate for the applicant, Mr. Hardik Dave places on record the copy of the payment of receipt of the Electricity Bill paid by the company – Shree Ram Texolene Pvt. Ltd. which indicates that the electricity Bill till 31.08.2023 has been paid by the company – Shree Ram Texolene Pvt. Ltd. The company – Shree Ram Texolene Pvt. Ltd. entered into lease deed with accused No.4- Mohamed Illiyas Gulamnabi Kapadia alias Babubhai Kapadia on 06.09.2023, which indicates that the accused No.4 had entered into the lease agreement with company – Shree Ram Texolene Pvt. Ltd. and thereafter, the present offences came to be registered having electricity dues to the tune of Rs. 7 crores and odds. The role of the present applicant being director of the company – Shree Ram Texolene Pvt. Ltd. would be only till August 2023, wherein, all the dues of the company – Shree Ram Texolene Pvt. Ltd. has been paid. He further submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.
Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
Heard the learned Advocates for the respective parties and perused the papers.
Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused as well as looking to the age of the applicant which is 73 years, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitutional Bench in the the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.
In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R. No. 761 of 2024 registered with G.U.V.N.L. Police Station, Dist. Surat, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount on the following conditions that the applicant shall :
(a) cooperate with the investigation and make available for interrogation whenever required;
(b) remain present at concerned Police Station on 24.05.2024 between 11.00 a.m. and 2.00 p.m.;
(c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the court or to any police officer;
(d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;
(f) not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;
At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.