By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-201 of 2011 registered with Kalol Taluka Police Station, for the offence punishable under Sections 302, 379, 467, 468, 471, 120B and 34 of the Indian Penal Code, Sec.25(1)(B)(A) of Arms Act and Sec.135 of B.P.Act.
Heard Mr.S.V.Raju, learned senior counsel for Mr.D.A.Chaudhari for the applicant and Mrs.Krina Calla, learned Additional Public Prosecutor for respondent-State.
Learned Senior Counsel, Mr.Raju for the applicant, has contended that the applicant was travelling in Accent Car and not in the Tavera car in which the deceased was murdered. It is further submitted that there was no recovery from the custody of the present applicant. He has also submitted that the charge sheet is filed and the applicant is in judicial custody since 6-10-2011 and hence, looking to the facts of the case and overall circumstances, applicant may kindly be released on bail.
Mrs.Krina Calla, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence. Even prima-facie case is made out against the applicant.
This Court has gone through the post mortem note as well as the complainant as well as statement of the so-called eye witnesses dated 3rd October, 2011 who have seen the deceased lastly with the accused persons on 3rd October, 2011. It is alleged that as a part of conspiracy, murder of the deceased took place. It appears that the applicant was traveling in the Accent Car and the incident took place on the public road. However, nothing was recovered from the present applicant. In the facts and circumstances of the case and now the charge-sheet is filed, 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 applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-201 of 2011 registered with Kalol Taluka Police Station, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees twentyfive thousand only) with one solvent surety of the like amount to the satisfaction of the trial 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 pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
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 the residence without prior permission of this Court;
g) surrender his 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 applicant on bail.
[M.D.SHAH,J.] radhan Top