Learned advocate, Mr.M.B.Dodia is permitted to appear on behalf of the original complainant.
By way of present applications, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-27 of 2012 registered with Himmatnagar Rural Police Station for the offence punishable under Sections 363, 366, 354, 506(2) of IPC.
Heard learned counsel for the applicants, Mr.V.H.Nangesh, learned Additional Public Prosecutor, Mr.L.B.Dabhi, for respondent-State and learned advocate, Mr.Dodia for the original complainant in both the applications.
This Court has gone through the complaint which is lodged by the father of the victim. It is alleged that at about 12 'O clock at night, as victim heard the noise of cattle, she came in the vadi and during this time, applicants came there and putting the victim aged 14 years under fear, kidnapped her and hence, offences punishable under Secs.363, 366 and 354 were registered.
Considering the manner in which the incident took place, age of the applicant-Jignesh at 18 years recently appeared in 12th Standard examination, applicant-Gamansinh at 21 years and applicant-Sanjaybhai at 18 years, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail by imposing some strict conditions.
Hence, the applicants are ordered to be released on bail in connection with CR No.I-27 of 2012 registered with Himmatnagar Rural Police Station, for the offence alleged against them in the applications on each of them executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that -
a) they shall not take undue advantage of liberty or abuse liberty;
b) they shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) they shall maintain law and order and should cooperate the Investigating Officer;
d) they shall not act in a manner injurious to the interest of the prosecution;
e) they shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) they shall mark presence before the Himmatnagar Rural Police Station twice in a month on 1st and 15th of month between 10.00 a.m. and 2.00 p.m. for three months;
g) they shall not to enter the vicinity of Kadoli Village for one year without prior permission of the Court but for attending the court in connection with the case and for marking presence before concerned Police, they shall be free to enter and shall leave the limits immediately thereafter;
h) they shall furnish the address of their new addresses and their permanent addresses to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
i) surrender their passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court 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. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top