By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-172 of 2011 registered with Dhrangadhra Taluka Police Station, for the offence punishable under Sections 306, 305 and 34 of IPC.
Heard learned counsel, Mr.Sunil C.Patel for the applicant, Ms.C.M.Shah, learned Additional Public Prosecutor for respondent-State and learned counsel, Ms.Amrita Ajmera for the original complainant.
It is submitted by Mr.Sunil C.Patel that as husband of the deceased was not able to do work due to his inefficiency, her father-in-law used to harass her and thereafter, as her husband died, she left her matrimonial home and started to reside at different Village. It is further submitted that the deceased was in love affair with the present applicant and since this was not liked by parents of deceased, the applicant was falsely implicated.
This Court has gone through the suicide note. It is found that she was in love affair with the present applicant and she gave money to the applicant. It is alleged in the complaint that she was tortured by the present applicant. The intention of the present applicant appears to be snatching away the property of the deceased and she was harassed for the same. However, considering the allegations made in the suicide note and also the facts that the charge sheet is now filed and the applicant is in custody since 14-11-2011, 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 applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-172 of 2011 registered with Dhrangadhra Taluka Police Station, 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 State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence 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.
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.
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. Rule is made absolute. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top