ORDER : S.H. VORA, J. 1. Heard learned advocate for the applicant, learned advocate Mr. A.H. Shah for the complainant and learned A.P.P. for the respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R. No. I-70 of 2016 registered with Bayad police station, Arvalli for the offences punishable under Sections 406, 420, 120B, 408, 471, 465, 467, 468, 474, 477 and 114 of the Indian Penal Code. 3. Considering the charge-sheet papers supplied by the learned A.P.P. during the course of hearing, it appears that the investigation is complete. The entire documentary evidence is in custody of the concerned I.O. and therefore, there is no likelihood or possibility of tampering with the same. The alleged offence is triable by the learned Magisterial Court. The State could not ensure that trial would commence and conclude in near future and, therefore, refusal of bail to the applicant would amount to pre-trial conviction which is prohibited under the law. Further, it is a matter of fact that the amount received in cash is in dispute and, therefore, it requires to be examined by full-fledged trial. Therefore, present application deserves consideration. 4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I-70 of 2016 registered with Bayad police station, Arvalli on executing a bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant 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 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; 5. The competent authority will release the applicant only if the applicant is not required in connection with any other offence for the time being.
The competent authority will release the applicant only if the applicant 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 take appropriate action in the matter. Bail bond to be executed before the 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, 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. 6. Rule made absolute to the aforesaid extent. Direct service is permitted.