The applicant has preferred this application, under Section 439 of the Code of Criminal Procedure, for enlarging him on bail in connection with the offence being CR No. I - 56 of 2011 registered with Rapar Police Station, Dist. Kutch, for the offence u/ss. 302, 34 of Indian Penal Code.
Learned Advocate, appearing on behalf of the applicant has contended that looking to the police papers, prima facie, case is not made out against the applicant. He has also contended that now the charge-sheet is filed and, therefore, there is no question of tampering with any evidence by the applicant.
Learned APP Ms. Calla strongly opposed the bail application of the applicant and submitted that the presence of the applicant is established at the place of incident. She further submitted that considering the seriousness of the offence, the discretion may not be exercised in favour of the applicant.
Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, and the fact that now the charge-sheet is filed and the fact that the co-accused who played similar role is released by a coordinate Bench of this Court and, therefore, without entering into the merits of the matter, I am inclined to grant bail to the applicant. Both the learned Advocates do not press for reasoned order.
Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No. I-56 of 2011 registered with Rapar Police Station, Dist. Kutch, for the offence alleged against him in this application on his executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 his liberty or abuse his liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender her passport, if any, to the lower Court within a week;
[d] not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e] furnish the present address of her residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of this Court;
f) shall mark his presence before the concerned Investigating Officer on every 15th day of English calender month till the trial against him is completed.
[g] maintain law and order.
6. If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
7. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top