Learned counsel appearing for the applicant submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 22.12.2011.
Heard learned APP for the respondent - State.
It is alleged that the present applicant committed rape on the victim and she became pregnant. Thereafter, she delivered the child and left her near her house and one village person informed the police and thereafter the complaint was lodged. The DNA test was also carried out. The DNA report is shown by learned APP today which is in favour of the applicant.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and considering the fact that the DNA report is in favour of the applicant, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-89 of 2011 of Matar Police Station, District Kheda for the offences punishable under sections 376 and 506(2) 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.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
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.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top