Divyesh A. Joshi, J
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R.
No.Part-A-11210004232341 of 2023 registered with the Amroli Police Station, Surat of the offence punishable under Sections 395, 397, 440 and
120(B) of the IPC and Section 135(1) of the G.P. Act.
3. Learned advocate appearing for the applicants has submitted that the applicants-accused were arrested on 24.11.2023 and since then they are in
jail. Learned advocate for the applicants has also submitted that the investigation has already been completed and charge-sheet has also been filed.
Learned advocate for the applicants has submitted that the present applicants-accused have not been named in the FIR and subsequently during the
course of investigation, on the basis of the CCTV footages, they have been arraigned as the accused. It is moreso submitted that the present
applicant-accused have not been identified in the Test Identification Parade. Learned advocate for the applicant has also submitted that the only role
attributed to the applicants-accused is that they have cut the electricity line as well as the cable of the CCTV. Except this, no other role is attributed to
the applicants-accused. It is moreso submitted that there is no recovery or discovery at the instance of the applicants-accused. Learned advocate for
the applicant has further submitted that the identically situated person has already been enlarged on bail by the Sessions Court. Under the
circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.
4. The learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
Learned APP has submitted that considering the role attributed to the applicant-accused, this is a fit case wherein discretionary power of this Court is
not required to be exercised in favour of the applicant-accused.
5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the
allegations levelled against the applicants and the role played by the applicants. This Court has also considered the following aspects;
a) That the investigation has already been completed and charge-sheet has also been filed;
b) That the identically situated co-accused person has already been enlarged on bail by the Sessions Court;
c) That the applicants-accused are in jail since 24.11.2023;
d) That there is no recovery or discovery at the instance of the applicants-accused;
7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of
Investigation, reported in [2012]1 SCC 40.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.
9. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being C.R.
No.Part-A-11210004232341 of 2023 registered with the Amroli Police Station, Surat, on executing a personal bond of Rs.15,000/- (Rupees Fifteen
Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between
11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change
the residence without prior permission of this Court;
10. The authorities will release the applicants only if they are 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.
11. Bail bond to be executed before the 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.
12. At the trial, the 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 applicants on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
