- (1.)Rule. Learned APP waives service of Rule on behalf of the respondent - State. The applicant has filed this application for regular bail, under Section 439 of the Code of Criminal Procedure, in connection with the offence being CR No. I - 535 of 2009 registered with Sector No.7 Police Station, Gandhinagar, for the offence u/ss. 457, 455 and 380 of IPC.
(2.)Heard learned Advocate for the applicant and learned APP for the respondent. Learned Advocate, appearing for the applicant has contended that the applicant is falsely implicated in the alleged offence. He has contended that even as per the compaint the total amount of theft is Rs.22,500/- and no such amount has been recovered from the applicant and the allegations against the applicant are general in nature and there is no specific allegations against the applicant and now the charge-sheet is also filed. Therefore, looking to the facts of the case the applicant may be released on bail by imposing suitable conditions. Learned APP has vehemently opposed this application.
(3.)Having heard the learned Advocate for the parties and looking to the facts of the case and the fact that now the charge-sheet is filed and, therefore, without entering into the merits of the case, I am inclined to grant this application. Both the parties do not press for reasoned order.