This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.48/2010 with Vav Police Station, Banaskantha for the offences punishable under Sections 406, 462, 471, 120(B) and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicants submits that if the applicants are released on bail then they will make payment of Rs.44,256/= to the complainant who is the sister-in-law (bhabhi) of the present applicant No.1. Further, it is submitted that since it is a magistrate triable case, the applicants may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, this application is allowed and the applicants are ordered to be released on bail in connection with First Information Report registered as I-C.R. No.48/2010 with Vav Police Station, Banaskantha, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) EACH with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that they 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 their passports, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present address of their 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; and
g) from the date of their release, the applicants shall make payment of Rs.44,256/= to the complainant on or before 22.02.2012;
The authorities will release the applicants only if 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 issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
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 applicants on bail.
Rule made absolute. Direct Service is permitted.
This matter be listed on 23rd February, 2012.
Sd/-
(M.D.
Shah, J.) Caroline Top