2023 (5) TMI 1289 - HC - Indian Laws

Seeking grant of Regular bail - offences punishable under Sections 409, 419, 465, 467, 468, 471, 120B, 34 of Indian Penal Code, 1860 - HELD THAT - Even as per the affidavit filed by Investigating Officer, the amount involved qua present applicant is only Rs.50,000/- as pointed by learned advocate Mr. Yash Nanavaty and could not be disputed by learned APP - there is no past antecedent reported against the present applicant - Learned APP could not point out any exceptional circumstances. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11210015220162 of 2022 dated 19.10.2022 registered with D.C.B. Police Station, District Surat on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions imposed - application allowed.

Summary

Issues: Regular bail application u/s 439 CrPC for offences u/s 409, 419, 465, 467, 468, 471, 120B, 34 IPC

Regular Bail Application:
The applicant filed a regular bail application u/s 439 CrPC in connection with an FIR dated 19.10.2022, registered for offences u/s 409, 419, 465, 467, 468, 471, 120B, 34 IPC.

Arguments by Applicant and Respondent:
The applicant's advocate argued for bail based on the nature of the offence, while the Additional Public Prosecutor opposed bail due to the gravity of the offence.

Court's Decision:
After hearing both parties and considering the facts, allegations, and role of the accused, the Court decided to grant regular bail to the applicant.

Factors Considered:
The Court considered various aspects, including the applicant's duration in jail, completion of investigation, the amount involved, lack of past antecedents, and absence of exceptional circumstances.

Precedent Consideration:
The Court also took into account the legal principles established by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. CBI.

Conditions of Bail:
The applicant was granted bail on the condition of executing a personal bond of Rs.10,000 with one surety, surrendering passport, not leaving India without court permission, reporting to the police station monthly, providing current address, and complying with COVID-19 guidelines.

Trial Court's Role:
The Trial Court was instructed not to be influenced by the prima facie observations made by the High Court in the bail order.

Conclusion:
The High Court allowed the bail application, subject to specified conditions, and permitted the concerned Sessions Court to modify or relax the conditions as per the law.