Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further 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 27.1.2012.
Heard learned APP for the respondent - State.
It is alleged that the present applicant-lady accused abetted the principal accused in committing rape on the victim who was staying in the hostel. Considering the only fact that the charge sheet is filed and the present applicant is lady accused and has 1½ year old child who is staying with her in jail, without deciding the matter on merits, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-391 of 2008 of Bhuj Taluka Police Station, District Surat for the offences punishable under sections 376, 323, 114, 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