Krunal Thakorbhai Soni v. Directorate of Revenue Intelligence
2016-10-28
B.N.KARIA
body2016
DigiLaw.ai
ORDER : B.N. Karia, J. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with DRI/AZU-GI-02.ENQ-41 (INT-16)/2016 registered with DRI, for alleged offence under Section 135 of Customs Act. 2. Mr. N.K. Majmudar, learned advocate appearing on behalf of the applicant submits that the applicant is a law abiding citizen and he has good reputation in the market and also doing business and he has also responsibilities towards his family and he is behind the bar for more than a month. Learned advocate further submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. 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. 4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. I have heard learned advocates appearing on behalf of the respective parties and perused the papers of investigation and considered the allegations levelled against the applicant and the role played by the applicant. 6. In the facts and circumstances of the case and 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 DRI File No. DRI/AZU-GI-02.ENQ-41 (INT-16)/2016 of the Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, Ahmedabad, on executing a personal bond of Rs. 1,00,000/- (Rupees One Lac only) with two sureties of Rs.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with DRI File No. DRI/AZU-GI-02.ENQ-41 (INT-16)/2016 of the Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, Ahmedabad, on executing a personal bond of Rs. 1,00,000/- (Rupees One Lac only) with two sureties of Rs. 50,000/- each to the satisfaction of the learned Trial Court and subject to the conditions that he shall; [a] not take undue advantage of his liberty or misuse his liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender his 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 every Monday for a period of six months and thereafter, on any day of first week of each English Calendar month till trial is over; [f] furnish latest 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. 7. 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 learned 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. At the trial, learned 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.