The present application has been filed by the applicants for grant of regular bail under section 439 of Code of Criminal Procedure, 1973, after the charge sheet is filed. The applicants are charged with having committed offences under sections 498(A), 306 and 114 of Indian Penal Code and sections 3 and 7 of Dowry Prohibition Act for which F.I.R. being I-C.R.No.37 of 2009 has been registered with Viramgam Police Station.
Learned advocate Mr.Harshad Patel for the applicants referred to First Information Report and statements of witnesses including the statement of neighbours viz. Vasantbhai Bhailalbhai and Ranjanben w/o. Kanubhai Karshanbhai Kanjaria produced at Annexure-D from pages-43 to 46/A. He submitted that parents of deceased belong to Madhya Pradesh and thereafter when she was not allowed to visit her parental house due to pregnancy, she committed suicide. Learned advocate submitted that in any case present applicants are residing separately at Madhya Pradesh and therefore considering the fact that now charge sheet is filed, both the applicants may be released on bail.
Learned Additional Public Prosecutor Mr.A.J.Desai resisted the application.
Having regard to the nature of offence, the manner in which the alleged offence is said to have been committed, role attributed and considering the statements of witnesses as well as the fact that now as the charge sheet has been filed, this Court is of the opinion that present application deserves to be allowed.
Accordingly, present application stands allowed. The applicants are ordered to be released on regular bail in connection with I-C.R.No.37/2009 registered with Viramgam Police Station, on their executing bond of Rs.10,000/- (Rupees Ten Thousand) each with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:
(a) not take undue advantage of their liberty or abuse their liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of their residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of the Court.
(f) surrender their passport, if any, to the lower Court, within a week.
If breach of any of the above conditions is committed, the concerned Sessions Judge 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 to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) Amit/-
Top