1. Present application has been filed by the applicant for grant of regular bail under Section 439 of Cr.P.C.
2. The applicant accused is charged with having committed offences under Sections 307 and 188 of the Indian Penal Code for which F.I.R. being CR No.I-101/2010 has been registered with Puna Police Station, District: Surat.
3. Learned Advocate Mr. PP Majmudar submitted that considering the nature of the offence and the fact that charge-sheet is now filed and the victim is discharged and is out of danger, present application may be allowed.
4. Learned APP Ms. Nair resisted the application though she confirmed with the medical certificate that the victim has been discharged from the hospital.
5. Having heard the learned Advocate Mr. Majmudar as well as APP and having perused the papers including the injury certificate and considering the nature of offence as well as the fact that the victim is discharged from the hospital and out of danger and when the charge-sheet is filed, present application deserves to be allowed in light of the guidelines for grant of bail subject to the conditions hereinafter.
6. Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with the F.I.R. being CR No.I-101/2010 registered with Puna Police Station, District: Surat, on his executing a bond of Rs.5,000/- (Rupees Five Thousand) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his 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 with the investigating officers.
(e) mark his presence before concerned Police Station on 1st Monday of every month of English calender between 11:00 AM to 2:00 PM till the trial commences;
(f) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(g) surrender his passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) jani Top