1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at M.Case No.1/2011 with Aadipur Police Station, District:Gandhidham, for the offences punishable under Sections 306 and 114 of the Indian Penal Code.
2. Learned counsel appearing for the applicants submits that now charge-sheet is filed and it is alleged that the applicants are in-laws of the deceased (Vinod alias Vickey) and it is alleged that they had abused the deceased verbally and occasionally physically but other attending circumstances are seen along with the statements recorded during the course of investigation, this application for bail may kindly be considered.
3. Heard learned APP for the respondent - State who opposed grant of bail looking to the nature and gravity of offence.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the above facts, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences and the law laid down by the Apex Court in the case of Sanjay Chandra vs. CBI [2012(1) SCC 40], I am inclined to enlarge the applicants on bail.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at M.Case No.1/2011 with Aadipur Police Station, District:Gandhidham, on executing a bond of Rs.5,000/- (Rupees Five Thousand only) each with one 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of residence to the I.O. 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;
7. The Authorities will release the applicants only if not required in connection with any other offence for the time being.
8. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
11. 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.
12. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT S. DAVE, J.) //smita// Top