1. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicant who came to be arrested in connection with CR No. I-11 of 2011 registered at Bagdana Police Station, Dist. Bhavnagar for the offence punishable under Sections 302, 120-B and 34 of the Indian Penal Code.
2. Learned counsel Mr. Mangukiya for the applicant submitted that the applicant is an innocent person and he has been wrongly implicated in the case. He submitted that from the bare reading of the complaint, there is no role attributed to the applicant. The applicant is not likely to jump the bail, if he is granted bail. He also submitted that the co-accused is released by this Court. Even from the statement of wife of the co-accused, it prima facie appears that there is no involvement of the accused in the commission of the offence. He submitted that the present applicant is only earning member. He lastly prayed to release the applicant on regular bail by imposing suitable conditions.
3. Learned APP Mr. Jani strongly opposed the application of the applicant and submitted that considering the seriousness of offence, in which the applicant is involved, gravity of the offence, quantum of punishment of the alleged offence, discretion may not be exercised in favour of the applicant. He also read statement of wife of accused No.2 - Soniben and he submitted that looking to the cause death, it appears that it is an offence of Section 302 of the Indian Penal Code.
4. Perused the application along with other papers and on perusal of the role attributed to the applicant as reflected in the FIR, police papers, provisions of Sections 302, 120(B) and 34 of the Indian Penal Code, quantum of punishment and prima facie it appears that there is no case made out against the applicant and the fact that co-accused has been released by the Sessions Court and complainant who is present, has no objection, I am of the view that the applicant deserves to be enlarged on bail. At this stage of bail, this Court is not discussing the evidence in detail nor going into merit of the case. This is successive bail application.
5. In view of the above, I am inclined to enlarge the applicant on bail in connection with C.R.No.I-11 of 2011 of Bagdana Police Station, District Bhavnagar for the offences punishable under sections 302, 120(B) and 34 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
7. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
8. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top