ORDER : G.R. UDHWANI, J. 1. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 399, 400 and 120(B) of the Indian Penal Code and Section 25(1)B, A of the Arms Act and Section 135 of the Gujarat Police Act, for which FIR came to be registered at C.R No. I-63 of 2014 with D.C.B Police Station, Ahmedabad. 2. Learned advocate for the applicant has contended that though Section 399 of the IPC has been invoked, the only evidence against the applicant is the possession of the fire arm without licence and no material evidencing the attempt to commit dacoity emerges from the record. 3. Learned APP submitted that the applicant is involved in the serious offence and at one point of time, as many as 34 cases were registered against him. However, the learned advocate for the applicant submitted that the applicant has been acquitted in 33 cases out of 34 cases. 4. Having considered the rival contentions, in light of the above arguments and considering the nature of accusation against the petitioner and in absence of apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out. 5. Hence, this application is allowed and applicant is ordered to be released on bail in connection with C.R No. I-63 of 2014 with D.C.B Police Station, Ahmedabad 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) surrender his passport, if any, to the lower court within a week; (d) not leave the territory of India without prior permission of the Sessions Judge concerned; (e) mark presence in the concerned police station once in a calendar month; (f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court. 6. 6. The competent authority will release the applicant only if he is not required in connection with any other offence for the time being. 7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 8. Bail bond to be executed before the lower court having jurisdiction to try the case. 9. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 10. 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. 11. Rule made absolute to the aforesaid extent. Direct service is permitted.