This Application is filed by the applicants under Section 438 of the Code of Criminal Procedure in connection with CR No.I-231 of 2011 registered with Sector-7 Police Station, Gandhinagar for the offences punishable under Sections 366, 376 read with Section 114 of the Indian Penal Code.
Heard Mr.Thacker, learned counsel for the applicants and Mr.J.K.Shah, learned Additional Public Prosecutor for the respondent-State.
Heard learned Counsel for the parties. Learned Counsel for the parties do not press for further reasoned order.
On going through the affidavit of the Investigating Officer which was placed on record before the Sessions Court, it is specifically mentioned in paragraph 6 that victim was 18 years old and she asked accused no.1 to marry her otherwise she will commit suicide. It is also revealed from the said affidavit that the present applicant no.1-accused no.1 got married with the victim and the marriage certificate is also produced on record.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565.
In the event of arrest of the applicants in connection with CR No.I-231 of 2011 registered with Sector No.7 Police Station, Gandhinagar for the offences alleged against them, they shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] each with one surety of the like amount on the following conditions that they shall:
a) co-operate with the investigation and make themselves available whenever required;
b) remain present before the Investigating Officer, Sector No.7 Police Station, Gandhinagar on 18.1.2012 at 11.00 am.;
c) not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for disclosing such facts to the Court or to any Police Officer;
d) at the time of execution of bond, he shall furnish his address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
e) not leave India without the permission of the Court and, if is holding a Passport, surrender the same before the trial Court immediately;
It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
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.
The applicants are permitted to obtain regular bail as per the established provision of law, within suitable time. Rule made absolute.
Direct service is permitted.
( M.D.Shah, J ) srilatha Top