Yashwant Manilal Chaudhary vs State Of Gujarat

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 applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being II-C.R. No.809 of 2005 registered with G.E.B. Police Station, Sabarmati, Dist. Ahmedabad, for the offences punishable under Section 135(1)(b) of the Electricity Act, 2003.

It is the submission of Mr. Kartik Pandya, learned counsel appearing for the applicant that he is suffering confinement since 14.06.2022 and charge-sheet has already been filed. Hence, further detention of the applicant is unwarranted.

Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.

Upon perusal of the impugned order as well as the material placed on record, it appears that, the applicant was irregular in attending the Court and therefore, the Court has issued non-bailable warrant and accordingly, he has been arrested. Trial of the case is at the stage of further statement of the applicant. Considering the background facts of the applicant and the assurance given by learned advocate for the applicant that the applicant will remain present before the Court regularly, the matter deserves consideration.

Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being II-C.R. No.809 of 2005 registered with G.E.B. Police Station, Sabarmati, Dist. Ahmedabad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he 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;

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. Direct service is permitted.