This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I- 17 of 2012 with Dhari police station for the offences punishable under Sections 363, 366,376, 306 and 114 of the Indian Penal Code.
Heard learned counsel for the parties and perused the record and the charge sheet filed in the case.
Even at the end of investigation and charge sheet having been filed in the matter, the learned APP is not able to ascertain the age of the victim nor any record is placed before this Court.
In the facts and circumstances of the case and considering the role attributed to the applicants, now the charge-sheet is filed and the investigation is over, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
The parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at C.R.No.I- 17 of 2012 with Dhari police station on their executing a bond of Rs.5,000/- (Rupees five thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shall i. not take undue advantage of their liberty or misuse their liberty;
not act in a manner injuries to the interest of the prosecution;
surrender their passports, if any, to the lower court within a week;
not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
mark their presence at the concerned police station on the first Sunday of every month between 10 a.m. And 3 p.m for six months only.
furnish the present address of their 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 applicants only if they are 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions 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 applicants on bail. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(Anant S. Dave, J.) (swamy) Top