Rule.
Learned Additional Public Prosecutor Mr.M.R.Mengde waives service of notice of Rule on behalf of the respondent-State.
2. This application has been preferred for regular bail under Section 439 of the Code of Criminal Procedure,1973, in connection with the offence bearing C.R.No.I-88 of 2008 registered with Borsad Police Station under Sections 498-A, 306, 114 of the Indian Penal Code.
3. Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case, role played by the applicant, statements of witnesses, gravity of the offence, quantum of punishment, the manner in which the applicant is involved in the offence, as per the allegations of the prosecution, looking to the fact that several times, deceased was going at her parental house and coming back to her matrimonial house, it also appears that before the date of incident since last 10 days, she was residing a the parental house because of after-death ceremony of her brother, coupled with the fact that the investigation is already over and charge-sheet is filed and also keeping in mind the fact that there is no antecedent of the present applicants, this application is allowed. The applicants are ordered to be released on bail in connection with the offence registered with Borsad Police Station bearing C.R.No.I-88 of 2008 on each of them executing a bond of Rs. 5000/- (Rs. Five thousands only) with one surety of like amount to the satisfaction of the lower Court and subject to the conditions that they shall,
(a) not take undue advantage of their liberty or abuse their liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) shall mark their presence before Borsad Police Station on every first day of English Calendar month between 9.00 a.m. to 2.00 p.m.;
(e) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
(f) furnish the address of their residence 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.
4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
5. Bail before the lower court having jurisdiction to try the case.
6. Rule is made absolute. Direct service permitted.
(D.N.Patel,J) ***darji Top