2023 (4) TMI 1285 - HC - Indian Laws

Seeking grant of Regular bail - Fictitious sale - offences punishable under Sections 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code - HELD THAT - No past antecedent is attributed to the present applicant - as per the charge-sheet papers, the role attributed to the present applicant is that present applicant has shown fictitious sale of Rs.50,000/- to one S.G. Enterprises. 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 No. 11210015220162 of 2022 registered with DCB Police Station, Surat City on executing personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions imposed. Bail application allowed.

Summary

Issues involved:
The applicant seeks regular bail u/s 439 of the Code of Criminal Procedure, 1973 for offenses u/s 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code based on FIR No. 11210015220162 of 2022 registered with DCB Police Station, Surat City.

Summary:

1. Applicant's Submission:
The applicant's counsel argued that the applicant is not involved in the alleged offenses and should be granted bail with suitable terms and conditions.

2. State's Submission:
The Additional Public Prosecutor for the State contended that the charged offenses are serious and no discretion is required due to the nature of the allegations against the applicant.

3. Court's Decision:
Considering the facts that the applicant has been in jail since a specific date, the investigation is complete, no past antecedents are linked to the applicant, and the role attributed is specific, the Court decided to exercise discretion in favor of the applicant.

4. Bail Conditions:
The Court ordered the applicant's release on regular bail upon executing a personal bond of Rs.10,000 with one surety of the same amount. The applicant must adhere to various conditions, including not misusing liberty, surrendering passport, marking presence at the police station monthly, and not leaving India without permission.

5. Additional Instructions:
The applicant will be released only if not required for any other offense. Breach of bail conditions empowers the Sessions Judge to take appropriate action. The Trial Court is advised not to be influenced by the Court's preliminary observations during the bail order.

6. Final Decision:
The Court made the rule absolute to the specified extent, allowing direct service of the order.

This judgment grants the applicant regular bail based on the specific circumstances and conditions outlined by the Court, ensuring compliance and accountability throughout the legal process.