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Judgment
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Divyesh A. Joshi, J
RULE. Learned APP waives service of rule for the respondent-State.
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO. 11208056230579 of 2023 registered with Thorala Police Station, Rajkot .
Learned Advocate appearing on behalf of the applicants submits that in present case, the investigation is over and charge-sheet is filed. The FIR is filed against total 9 accused persons. There are names of total 8 known persons and 4 to 5 unknown persons. The name of present applicants have not been mentioned in the body of FIR, and thereafter, subsequently, during the course of investigation, the name of present applicants have been disclosed on the basis of statements made by co-accused. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions
3.1 Learned advocate for the applicants submit that it is the specific case of prosecution that there were CCTV cameras were installed in the premises, but footages of CCTV cameras have already been deleted by the co-accused persons with the help of owner of the factory. A specific role of the present applicants has not been clearly made out from the body of compilation of charge-sheet. There is no recovery or discovery at the instance of present applicants.
Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet is filed. This Court has considered the above mentioned factual aspects as well as the role attributed to the present applicants in commission of offence in question.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R.NO. 11208056230579 of 2023 registered with Thorala Police Station, Rajkot, 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of their residences 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 Trial Court;
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 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, the 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.