1. Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further 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 26.11.2011.
2. Heard learned APP for the respondent - State.
3. It is alleged that the deceased had illicit relations with the wife of the accused no.1-Kishore and the deceased was murdered by accused Kishore with the help of other accused including the present applicant. It is alleged that the present applicant is cousin brother of the principal accused Kishore and so he and one Jignesh helped the accused Kishore in committing the murder of the deceased. As per the papers of the chargesheet, accused Kishore caused injury to the deceased and stick was also recovered at the behest of accused Kishore. The other accused Jignesh was released on bail by the Sessions Court. Prima facie, it seems that the accused Kishore played vital role in committing the crime and he caused injury to the deceased and blood stained stump was also recovered at the instance of Kishore.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused coupled with the fact that charge sheet is filed, 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-401 of 2011 of Umra Police Station, District Surat for the offences punishable under sections 302, 201, 34, 188 and 120-B 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.
4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
5. 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.
6. This order will not come in any way while deciding the application for bail of other accused, if preferred.
7. 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