Gujarat High CourtEmmuanuel Chibubem Anthony vs State Of Gujarat on 22 April, 2016Author:A.J.DesaiBench:A.J.DesaiR/CR.MA/7925/2016                                                ORDER




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.7925 of
                                 2016

         =========================================
                       EMMUANUEL CHIBUBEM ANTHONY....Applicant
                                       Versus
                            STATE OF GUJARAT....Respondent
         =========================================
         Appearance :
         MR JR DAVE, ADVOCATE for the Applicant.
         MR L.B. DABHI, APP for the Respondent.
         =========================================

                CORAM : HONOURABLE MR.JUSTICE A.J.DESAI

                                      Date : 22/04/2016
                                       ORAL ORDER1.    This successive application is filed underSection 439of the
               Code of Criminal Procedure for regular bail in connection
               with F.I.R. registered at C.R. No.I - 06 of 2016 with
               Ahmedabad             Railway           Police        Station,            District
               Ahmedabad, for the offences punishable underSections 420,465,468,471,120 (B)of the Indian Penal Code andSection
               66 (D)of the Information Technology Act, 2000.2.    Learned advocate for the applicant submits that considering
               the nature of offence, the applicant may be enlarged on
               regular bail by imposing suitable conditions.3.    The learned APP opposes the grant of bail looking to the
               nature and gravity of offences.4.    Learned advocates appearing on behalf of the respective
               parties do not press for further reasoned order.5.    I have heard learned advocates appearing for the parties.Considering the offence as alleged in the FIR and alsoPage 1 of 3HC-NIC                                   Page 1 of 3      Created On Tue Apr 26 02:05:05 IST 2016
                     R/CR.MA/7925/2016                                            ORDER



              considering the nature of allegations made in the FIR and
              considering the fact that investigation is over and charge-
              sheet is filed and the offences are triable by the learned
              Magistrate, I am 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 - 06 of
              2016 with Ahmedabad Railway Police Station, District
              Ahmedabad, on executing a bond of Rs.25,000/- (Rupees
              Twenty Five Thousand only) with one local surety of the
              like amount to the satisfaction of the trial Court and subject
              to the conditions that he 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 at the concerned Police Station on every
                        Monday of each English Calendar month for a period of
                        six months and thereafter any day of the first week of
                        every English calendar month for a period of one
                        year, between 11.00 a.m. and 2.00 p.m.;[f]       furnish the present address of residence to the I.O. 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;6.   The Authorities will release the applicant only if he 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 lower court having jurisdiction to try thePage 2 of 3HC-NIC                                  Page 2 of 3      Created On Tue Apr 26 02:05:05 IST 2016
                       R/CR.MA/7925/2016                                                  ORDER



                    case. It will be open for the concerned Court to delete,
                    modify     and/or     relax   any       of    the     above        conditions          in
                    accordance with law. 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 applicant on bail.7.         Rule made absolute to the aforesaid extent. Direct service is
                    permitted.(A.J.DESAI, J.)




         SavariyaPage 3 of 3HC-NIC                                        Page 3 of 3        Created On Tue Apr 26 02:05:05 IST 2016