[1] By way of present 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 C.R.No.I-56 of 2011 registered with Santhal Police Station, District - Mehsana for the offence under sections 302, 504 and 114 of the Indian Penal Code.
[2] Learned advocate for the applicants does not press present application qua applicant no.2. Application stands disposed of as not pressed qua applicant no.2. Rule discharged qua applicant no.2.
[3] It is submitted by the learned advocate for the applicant that charge sheet is filed. It is also considering nature of allegations and role attributed to the applicant no.1, the applicant no.1 may be enlarged on bail.
[4] Learned APP invited attention of this Court to the dying declaration which was recorded at the first instance in which role of Shaileshbhai and Suryanben is narrated by the deceased and no role is attributed to applicant no.1 - Virambhai. Considering this facts and role attributed to the applicant no.1 - Virambhai and without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed qua applicant no.1.
[5] Hence, the application is allowed qua applicant no.1. The applicant no.1 is ordered to be released on bail in connection with C.R.No.I-56 of 2011 registered with Santhal Police Station, District - Mehsana for the offence alleged against him on executing personal 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 State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of 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 passport, if any, to the lower Court within a week.
[6] If the breach of any of the above conditions is committed, the concerned Court 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. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent qua applicant no.1.
Direct service is permitted.
[M.D.Shah, J.] satish Top