2023 (7) TMI 1371 - HC - Indian Laws

Seeking grant of Regular bail - offences which have been charged are serious in nature affecting the society at large or not - HELD THAT - This Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. 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 with DCB Police Station, Dist.Surat 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 - 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. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. Bail application allowed.

Summary

Issues involved:
The applicant sought regular bail in connection with a FIR for offenses under Sections 409, 419, 465, 467, 468, 471, 120(B), and 34 of the Indian Penal Code.

Details of the Judgment:
The applicant's counsel argued that the applicant was not involved in the alleged offenses and should be granted bail with suitable conditions. On the other hand, the State's counsel contended that the charges were serious and bail should not be granted. The Court considered various factors, including the applicant being in jail since a specific date, completion of investigation, lack of past antecedents, and the applicant not being the beneficiary of the scheme related to the alleged offenses. Based on these considerations, the Court decided to grant regular bail to the applicant.

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 was also required to adhere to specific conditions, such as not misusing liberty, surrendering passport if any, not leaving India without permission, providing current address to the Investigating Officer and Court, and marking presence at the police station monthly. The release was subject to the condition that the applicant was not required in connection with any other offense at that time. Breach of the bail conditions would empower the Sessions Judge to take appropriate action.

The Court emphasized that the Trial Court should not be influenced by the preliminary observations made during the bail order while conducting the trial. The Court made the rule absolute to the extent mentioned in the order and permitted direct service of the judgment.