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-33 of 2011 registered with Nasvadi Police Station, for the offence punishable under Sections 306, 498(A) and 114 of the Indian Penal Code.
Heard Mr.Pravin Gondaliya, learned counsel for applicant and Ms.Krina Calla, learned Additional Public Prosecutor for respondent-State.
It is submitted by Mr.Gondaliya that marriage of the applicant with the victim took place before two and half years. It is also submitted that before one and half months of the incident, deceased was residing at her parents' place. It is also submitted that nothing has come out from the record to show that applicant had given any cause or instigated the deceased to commit suicide.
The fact that the deceased was staying with her parents in Village Navagam, Taluka Nasvadi, Dist. Vadodara, before one and half months of the incident is not disputed. It is also not disputed that the applicant was staying at Kelanpur, Taluka and District Vadodara and, therefore, the applicant does not appear to have prima facie given any immediate cause or instigated the deceased to commit suicide. Considering these facts, 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-33 of 2011 registered with Nasvadi Police Station, for the offence alleged against him in this application 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 liberty or abuse 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 along with the proof 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.
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 applicant. Direct service is permitted.
[M.D.SHAH,J.] radhan Top