[1] Rule.
Mr.L.B.Dabhi, learned APP waives service of rule on behalf of respondent - State.
[2] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-89 of 2008 registered with Olpad Police Station, District - Surat for the offence under sections 498(A), 306 and 144 of Indian Penal Code.
[3] It is submitted by the learned advocate for the applicant accused that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is further submitted that accused - husband is released on bail by the Trial Court.
[4] Heard learned advocates for the respective parties. Considering the relationship of the applicant accused with husband and deceased and considering the fact that other accused is released on bail by this Court, who is brother of principal accused - husband, without entering into the merits of the case this Court is of the opinion that the application deserve to be allowed.
[5] Hence, the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-89 of 2008 registered with Olpad Police Station, District - Surat for the offence alleged against him on executing personal bond of Rs.5,000/- (Rupees five thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall:-
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge 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 this Court;
g) surrender passport, if any, to the lower Court within a week.
[6] 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.
[7] 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 applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top