By way of present successive application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-192 of 2011 registered with Padra Police Station for the offence under Sections 498-A, 306 and 114 of the Indian Penal Code.
Heard Mr.Rajesh B. Soni, learned counsel for the applicants and Mr.H.L. Jani, learned Additional Public Prosecutor for respondent-State.
Mr.Soni, learned counsel for the applicants, has contended that he is not pressing the present application for applicant No.2-Hiteshbhai Budhabhai Machhi.
In view of statement made by Mr.Soni, present application stands disposed of as not pressed qua applicant No.2. Accordingly, rule is discharged qua applicant No.2.
Mr.Soni has contended that the applicants are innocent persons and have not committed any offence. He has further contended that the applicants are father-in-law, mother-in-law, brother-in-law and sister-in-law. Absolutely false complaint is filed involving all the family members just to oblique motive to rope the applicants in serious offence. He has further contended that ingredients of Sections 107 and 108 of the Indian Penal Code are not established against the applicants. He has further contended that it is not established that the applicants are instigator and/or provocateur. The applicants are resident of Padra. He has further contended that charge-sheet is filed and there are no chances of tampering with the evidence. He, therefore, contended that looking to the facts of the case and overall circumstances, applicants may kindly be released on bail.
Heard Mr.H.L Jani, learned Additional Public Prosecutor for the respondent-State and also perused papers produced before me.
In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicants and now the charge-sheet is filed, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
Hence, the applicants are ordered to be released on bail in connection with CR No.I-192 of 2011 registered with Padra Police Station for the offence alleged against them in this application on their 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 their liberty or abuse their 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 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;
g) surrender their passport, if any, to the lower Court within a week.
The Authorities will release the applicants only if they are 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 is made absolute to the aforesaid extent.
Direct Service is Permitted.
(Z.
K. Saiyed, J) Anup Top