WASIMAKRAM WARISALI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I- 139 of 2012 registered with J.P. Road Police Station, Vadodara City, for the offences punishable under Sections 409, 418, 420, 120B, etc. of the Indian Penal Code.

(2.) Mr.Ashish Dagli, learned advocate appearing on behalf of the applicant submits that the applicant is ready and willing to deposit an amount of Rs.25 Lacs in five equal installments before the concerned Trial Court, subject to his rights and contentions. He further submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 6. I have heard learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant. I have considered the fact that investigation is over and charge-sheet is filed. I have perused the order dated 16/10/2018 passed by coordinate bench of this Court in Criminal Misc. Application No.16093 of 2018, whereby the court has released the petitioner in similar crime registered with another police station on certain terms and conditions. I have also considered the fact that the applicant is behind bar since March,2018 in this case and has remained behind the bar since more than 3 1/2 years in another offences. 7. In the facts and circumstances of the case and considering the nature of allegations made against the applicant 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 applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I- 139 of 2012 registered with J.P.Road Police Station, Vadodara City, on executing a personal bond of Rs.25,000/- (Rupees Twenty Five thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;