By way of present application filed under Section 439 of the Code of Criminal Procedure, 1973 the applicants have prayed to release him on regular bail in connection with C.R.No. I - 78 of 2012 registered with Dahod Rural Police Station, Dist: Dahod for the offence under Sections 436, 504 and 114 of the Indian Penal Code.
I have heard learned advocate Mr. Mehta for the applicants and learned APP Ms. Shah for the opponent State.
The following points are considered:
According to the observations in the trial court order the applicant Kaniyabhai Khimabhai Mohaniya gave abuses.
The allegation made in the complaint indicates that applicant Kaniyabhai had a plastic container and applicant Mansukhbhai sprinkled kerosene and ignited matchstick.
Having regard to the facts and circumstances of the case, this Court is of the opinion that the application deserves to be allowed.
Hence, the application is allowed. Applicants Kaniyabhai Khimabhai Mohaniya and Mansukhbhai Malavbhai Mohaniya are ordered to be released on bail in connection with C.R.No.I - 78 of 2012 registered with Dahod Rural Police Station, Dist: Dahod for the offence alleged against them on each applicant executing personal bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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) maintain law and order and shall cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave India without prior permission of the Court concerned;
f) furnish the address of 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 the Court concerned;
g) surrender passport, if any, to the lower Court within a week;
h) not enter within the limits of village Varmkheda in Dahod Rural Police Station area in District Dahod till charge sheet is filed.
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. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicants on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(BANKIM.N.MEHTA, J.) *asma Top