ORAL ORDER

1. Heard learned advocate Mr. Padmraj K. Jadeja for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent – State.

2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR registered at C.R.No.11821014210367 of 2021 with Dhanpur Town Police Station, District:- Dahod for the offence punishable under Sections 394, 325, 323, 504, 506 (2) and 114 of the Indian Penal Code.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. On the other hand, learned APP appearing for the respondent –

State opposed grant of regular bail looking to the nature and gravity of the offence.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

i. The applicant is in jail since 05.09.2020.

ii. Co-accused – Arvindbhai Mavabhai Nayak has already been enlarged on bail vide order dated 13.08.2021 passed in Criminal Misc. Application No.368 of 2021 by the 4th Additional Sesssions Judge, Limkheda.

iii.As far as past antecedents are concerned, statement made by the learned advocate for the applicant that in past the applicant was involved only in one offence but it has not proved and in fact it was brother of the present applicant against whom the complaint was registered.

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR registered at C.R.No.11821014210367 of 2021 with Dhanpur Town Police Station, District:- Dahod on executing personal bond of Rs.10,000/- (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] not to leave the Gujarat without prior permission of the Sessions Judge concerned;

[d] surrender passport, if any, to the lower court within a week;

[e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

[g] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

7. The Authorities will release the applicant only if the applicant 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.

8. 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.

9. The application is allowed in the aforesaid terms.