1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.II-3062 of 2011 registered with Kotda Sangani Police Station, Rajkot for the offences u/s. 498A, 306, 304B, 323 and 114 of the Indian Penal Code.
2. Heard Mr.P.B.Khandheria, learend advocate for the applicant. He has contended that looking to the date of filing of the complaint there is delay of 51 days. The charge-sheet is already filed. He has read three dying declarations and contended that the deceased has explained the burn injury received by her. This is a clear case of accident and even in the panchnama of place of incident it is observed by the Investigating Agency that from the place of incident wire, piece of cloth are recovered. He has contended that present applicant has not committed any offence. The applicant will be available during the trial. He has prayed to release the applicants on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. Mr.Jani has vehemently opposed the present application and contended not to grant bail to the present applicant.
4. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
5. There is delay of 51 days in filing complaint. The dying declaration recorded by Head Constable as per the provisions of law is admissible and in that statement it is disclosed by the deceased that she has received burn injury. The second dying delclaration is recorded by the Police Sub-Inspector, who is Investigaing Officer. The third dying delclaration is recorded by Executive Magistrate. From these three dying delcarations it appears that injury is disclosed by the deceased.
6. The Court is not going into merits of the case.
7. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.II-3062 of 2011 registered with Kotda Sangani Police Station, Rajkot 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 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 country without the prior permission of the concerned Sessions Judge;
f) furnish the address of his residence to the I.O. 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 his passport, if any, to the lower Court within a week.
8. If the 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.
9. 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.
10. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top