ORDER : G.R. UDHWANI, J. 1. Heard learned advocate, for the applicant and learned APP, for the respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with the I-CR No. 32 of 2016 registered with Danta Police Station, Banaskantha for the offence punishable under Sections 399, 400, 402 of the Indian Penal Code. 3. As noticed above, the petitioner is sought to be tried for the offences punishable under Sections 399, 400 and 402 of the IPC. Section 399 provides for punishment of making preparation to commit dacoity. Section 400 provides for punishment for belonging to gang of dacoits and Section 402 provides for punishment for assembling for purpose of committing dacoity. As is evident from the FIR dated 22.06.2016, the investigating agency claims to have received information before about one month of the raid that the accused persons had made preparation for committing dacoity. When asked, learned APP submitted that there is no such written information. What is sought to be relied upon by the prosecution is certain recoveries made from the person of the accused during the raid. Prima facie, in the opinion of this Court, in absence of the evidence of preparation to commit dacoity as contemplated under Section 399 of the IPC, a mere recovery would not lead to an offence the petitioner is charged with. This Court, therefore, is inclined to enlarge the petitioner on bail. 4. Hence, the application is allowed and applicant is ordered to be released on bail in connection with I-CR No. 32 of 2016 registered with Danta Police Station, Banaskantha on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one 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 injurious to the interest of the prosecution; (c) not leave the territory of India without prior permission of the Sessions Judge concerned; (d) appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. (e) furnish the present address of residence along with the proof to the I.O concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned; 4.1 The competent authority will release the applicant only if he is not required in connection with any other offence for the time being. 4.2 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 4.3 Bail bond to be executed before the lower court having jurisdiction to try the case. 4.4 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 4.5 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. 5. Rule made absolute to the aforesaid extent. Direct service is permitted.