[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release her on regular bail in connection with C.R.No.I-23 of 2011 registered with Deesa City Police Station, District - Banaskantha for the offence under sections 328, 384, 385, 389 and 120(B) of the Indian Penal Code.
[2] It is submitted by the learned advocate for the applicant accused that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail.
[3] Heard learned advocates for the respective parties. Considering the nature of allegation and sentence for the alleged offence and the fact that the offences are triable by JMFC Court and considering the fact that the applicant is lady accused, who is having responsibility to look after five years old male child, without entering into the merits of the case this Court is of the opinion that the application deserve to be allowed.
[4] Hence, the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-23 of 2011 registered with Deesa City Police Station, District - Banaskantha for the offence alleged against her on executing personal bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall:-
a) not take undue advantage of her liberty or abuse her liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the 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;
g) surrender passport, if any, to the lower Court within a week.
[5] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[6] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
This order will not come in any way while deciding the bail application of other accused person.
[M.D.Shah, J.] satish Top