2023 (7) TMI 1374 - 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:
Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 for offences under Sections 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

Summary:

Issue 1: Bail Application
The applicant filed an application seeking release on regular bail in connection with a FIR registered with DCB Police Station, Dist.Surat for various serious offences under the Indian Penal Code.

Details:
The applicant's advocate argued that the applicant was not involved in the alleged offences and should be granted bail with suitable terms and conditions. The State's Additional Public Prosecutor contended that the charges were serious and bail should not be granted due to the nature of the allegations.

Issue 2: Court's Decision
The Court considered various factors, including the applicant's time in jail, completion of investigation, lack of direct involvement in the alleged scheme, and absence of prior criminal record. The Court exercised discretion in favor of the applicant and granted regular bail with specific conditions.

Details:
The Court, without delving into detailed evidence, found it appropriate to grant bail based on the circumstances. The applicant was ordered to execute a personal bond with a surety, adhere to specific conditions such as surrendering passport, not leaving the country without permission, and regularly reporting to the police station. Any breach of conditions would lead to appropriate action by the Sessions Judge.

Conclusion:
The Court allowed the application for regular bail, emphasizing the need to not misuse the liberty granted and to comply with the set conditions. The Trial Court was directed not to be influenced by the preliminary observations made during the bail order.