Rule.
Mr.Maulik Nanavati, learned Additional Public Prosecutor waives service of Rule for respondent- State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Agthala police station, District: Banaskantha, CR No.I-42 of 2012 for the offences punishable under Sections 363, 366, 376 and 114 of the Indian Penal Code.
Mr.M.
H. Rathod, learned advocate for the applicant submitted that the role attributed to the applicant accused is that she aided and assisted the accused in alleged kidnapping of the prosecutorix. It is, therefore, submitted that considering the facts and circumstances of the case, the instant application may be allowed.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant-lady accused by the prosecution and considering the relevant papers annexed with this application, this court is of the opinion that discretionary powers vested in this Court under Section 439 of the Code of Criminal Procedure should be exercised in favour of the applicant- lady accused, and the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Agthala station, District: Banaskantha CR No.I-42 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the Sessions Judge concerned;
(e) furnish the present address of residence to the I.O. 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;
The Authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) GIRISH Top