ORAL ORDER

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11216006210442 of 2021 registered with Chiloda Police Station, Gandhinagar, for offences punishable under sections 25(1-B)(a) of the Arms Act, section 120B of the IPC and section 135 of the Gujarat Police Act.

2. Mr. M.I. Saiyed, learned advocate for the applicant submitted that, as per the secrete information, the co-accused was found with the bag carrying the illegal arms and the said co-accused has been granted bail. He submits that no such weapon has been found in the possession of the present applicant. Mr. Saiyed submits that the ground, which was noted by the lower Court, was the pendency of the criminal cases, out of which part of them have been disposed of when the certain are on the process of recording of evidence. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

3. Mr. J.K. Shah, learned Additional Public Prosecutor objecting to the grant of bail, submitted that the present applicant is a headstrong man and the pendency of the cases itself reflects that he would have dominance in the area, which would interrupt the public peace. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

4. Heard learned advocates on both the sides and perused the material on record. Taking into consideration the fact that co-accused, who was found with the arms has been released on bail and except mobile no other thing was seized from the present applicant, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11216006210442 of 2021 registered with Chiloda Police Station, Gandhinagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he 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] not to enter Rajkot district till the framing of charge; [f] 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;

6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 lower Court having jurisdiction to try the case. 7. 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.

(GITA GOPI, J.)

Pankaj