Rule.
Ms.C.M.Shah, waives service of rule on behalf of the respondent-State.
By way of present application, 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-23 of 2012 registered with Rajula Police Station, for the offence punishable under Sections 306, 498A and 114 of IPC.
Heard Mr.Kamal Sojitra, learned counsel for the applicants and Ms.C.M.Shah, learned Additional Public Prosecutor for respondent-State.
At the end of arguments, learned counsel, Mr.Sojitra does not press this application qua applicant No.1 is concerned. Hence, this application stands disposed of as not pressed qua applicant No.1.
As far as applicant Nos.2 and 3 are concerned, it is submitted that applicant No.2 is brother-in-law and applicant No.3 is uncle-in-law of the deceased and they are residing separately from the deceased. It is also submitted that looking to the relationship of deceased with these applicants and looking to the affidavit filed by the complainant to the effect that due to his daughter's unnatural death, he was under too much tension and due to anger, involved these applicants.
Considering the facts that applicant No.2 is brother-in-law and applicant No.3 is uncle-in-law of the deceased and they are residing separately from the deceased and also looking to the affidavit of the complainant, 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 Nos.2 and 3 on bail.
Hence, the applicant Nos.2 and 3 are ordered to be released on bail in connection with CR No.I-23 of 2012 registered with Rajula Police Station, for the offence alleged against them in this application 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 applicant Nos.2 and 3-
a) not take undue advantage of liberty or abuse 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 their residence along with the proof 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 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 qua applicant Nos.2 and 3. Rule is discharged qua applicant No.1. 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 Nos.2 and 3 on bail.
[M.D.SHAH,J.] radhan Top