2023 (6) TMI 1352 - HC - GST

Accused Granted Conditional Bail Under Section 439 CrPC with Travel Restrictions and Mandatory Reporting Requirements

Edrushmiya Amarmiya Saiyed Versus State Of Gujarat

HC granted bail to applicant under CrPC Section 439 for offenses involving fraud and criminal conspiracy. After reviewing investigation papers, court ... Seeking grant of Regular Bail - offences punishable under Sections 409, 419, 465, 467, 468, 471, 120-B and 34 of the Indian Penal Code - HELD THAT:- In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I – 11210015220162 of 2022 with D.C.B. Police Station, District Surat City, on executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions imposed. Bail application allowed. Issues involved: Application for regular bail u/s 439 of the Code of Criminal Procedure for offences u/s 409, 419, 465, 467, 468, 471, 120-B and 34 of the Indian Penal Code.Summary:Bail Application: The applicant filed an application u/s 439 of the Code of Criminal Procedure seeking regular bail for offenses under various sections of the Indian Penal Code. The applicant's advocate argued for bail based on the nature of the offense and cited the release of two co-accused by the Court in similar matters. The learned APP opposed bail based on the seriousness of the offenses.Court's Decision: After hearing arguments from both sides and reviewing the investigation papers, the Court found it fit to exercise discretion and grant bail to the applicant. The Court ordered the applicant to be released on bail upon executing a bond of Rs. 10,000 with specific conditions including not misusing liberty, not acting against prosecution's interest, surrendering passport, seeking permission before leaving India, providing current residence details, and not changing residence without permission. The Court emphasized that the applicant should not breach any bail conditions, and if so, the Sessions Judge could take appropriate action. The trial court was instructed not to be influenced by the Court's preliminary observations while granting bail.Conclusion: The Court allowed the bail application, subject to specified conditions, and directed the authorities to release the applicant if not required for any other offense. The Court made the rule absolute to the extent mentioned and permitted direct service of the order.