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.7/2012 with Lakhtar Police Station, Surendranagar for the offences punishable under Sections 307 and 504 of the Indian Penal Code and also under section 25(1)(1-B)A and 27 of the Arms Act.
It is submitted that the charge sheet is filed and considering the role attributed to the applicant, by imposing suitable conditions, so that the applicant can be available during trial, be enlarged the applicant on bail.
Heard learned APP Mr. N.J. Shah for the respondent-State.
Having heard learned Counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicants, by imposing suitable conditions, I deem it just and proper to enlarge the applicants on bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.7/2012 with Lakhtar Police Station, Surendranagar, on executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one 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 liberty or misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender his passport, 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) for a period of three months, the applicant shall not enter into area of Lakhtar taluka and in the limit Lakhtar Police Station.
f) 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;
g) furnish the present address of his 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;
The authorities will release the applicant 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.
For modification and/or deletion of any of the conditions hereinabove, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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 applicant on bail.
Rule made absolute. Direct Service is permitted.
(ANANAT S. DAVE, J.) shekhar* Top