Learned counsel appearing for the applicant submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 11.02.2012.
Heard learned APP for the respondent - State.
As far as the first statement of victim-lady is concerned, she has stated that she went voluntarily with the accused. Learned advocate Mr.Popat took this Court through the live-in relationship agreement and also the affidavit filed by the victim-lady. Considering these documents, prima facie, it is found that she stayed with the accused on her own will. She was major when this incident took place.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the above facts of the case, nature of allegations, role attributed to the accused, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-10 of 2012 of Chotila Police Station, District Surendranagar for the offences punishable under sections 365, 376, 368, 506(2), 498 and 114 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence 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 immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top