1. Rule.
Mr. M.G.Nanavati, learned APP waives service of Rule on behalf of the respondent-state.
2. The instant application is filed under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Sihori Police Station, District : Banaskantha, CR No. I - 11/2012 regarding offences punishable under sections 363, 366, 376 read with section 114 of the Indian Penal Code.
3. Mr.
T. M. Chaudhry, learned counsel for the applicant, at the outset, put me through the relevant contents of the FIR and submitted that role attributed to the applicant in this incident is that he aided and abetted the principal accused. It is further submitted that considering the facts and circumstances of the case, specially the role attributed to the applicant and the fact that even as per the case of the prosecution, the applicant is not involved in the alleged offence of rape in this case, the application may be allowed.
4. Mr.
M.G.Nanavati, learned APP for the respondent-State, opposes this application.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant and further considering the facts and circumstances of the case, this Court is of the opinion that application deserves to be allowed.
6. Learned counsel for the parties do not press for further reasoned order.
7. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at CR No. I - 11/2012 with Sihori Police Station, District : Banaskantha, on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of residence to the I.O. 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;
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
12. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
13. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.Upadhyaya, J.) cmj/ Top