By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release her on regular bail in connection with CR No.I-67 of 2011 registered with Lodhika Police Station, for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code. She was arrested on 7-10-2011 and since then she is in judicial custody.
Heard Mr.A.H.Desai, learned counsel for the applicant and Mrs.Krina Calla, learned Additional Public Prosecutor for respondent-State.
It is submitted by Mr.Desai that applicant is a lady accused and the charge sheet is filed. It is also submitted that there is no direct evidence and the entire case depends on circumstantial evidence. It is also submitted that another lady accused has been released on bail by this Court.
In the facts and circumstances of the case, considering only the fact that the applicant is a lady accused and charge sheet is filed and also considering the another lady accused has been released on bail by this Court vide order dated 20-12-2011 passed in Cri.Misc.Appln.No.16167 of 2011, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-67 of 2011 registered with Lodhika Police Station, for the offence alleged against her in this application on her executing a 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 she shall -
a) not take undue advantage of her liberty or abuse her 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 her 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 her passport, if any, to the lower Court within a week.
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. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
[M.D.SHAH,J.] radhan Top