1. This is an application for regular bail.
2. This Court had already issued rule.
3. The applicant accused is in judicial custody in connection with the offence being C.R. I-No.92 of 2012 registered with the Khambholaj Police Station, District: Anand for the offences punishable under Sections 306 and 114 of the Indian Penal Code.
4. Learned advocate for the applicant has taken this Court through the material on record and has submitted that the applicant be enlarged on regular bail by imposing suitable Page 1 of 3 R/CR.MA/6828/2015 ORDER conditions.
5. Learned Additional Public Prosecutor for the State has opposed grant of regular bail.
6. Considering the totality this Court finds that, this application needs to be allowed by exercising powers under Section 439 of the Code of Criminal Procedure, 1973 to direct that the applicant accused be released on bail, on certain conditions noted below. Learned advocates for the respective parties request not to record reasons for this, so that it may not prejudice the prosecution at the time of trail. The following factors are considered. (i) the complainant's married son committed suicide, (ii) the cause shown is that the deceased wife was having illicit relations with the present applicant (iii) for the male, according to complainant, this was unbearable,
(iv) charge-sheet is also indicated to have been filed.
7. In view of above, the following order is passed.
7.1 This application is allowed.
7.2 The applicant accused is ordered to be released on regular bail in connection with the offence being C.R. I-No.92 of 2012 registered with the Khambholaj Police Station, District: Anand on executing personal 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 further conditions that the accused :-
[a] shall not misuse this liberty or take undue Page 2 of 3 R/CR.MA/6828/2015 ORDER advantage of it in any manner, and [b] shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or temper with the evidence, and shall not commit an offence similar to the offence of which he is accused, and [c] shall make himself available at the time of trial.
7.3 The jail authorities shall release the applicant only if he is not required in connection with any other offence for the time being.
7.4 If breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in accordance with law.
7.5 Bail bond be executed before the lower Court having jurisdiction to try the case.
7.6 The trial Court shall not be influenced at the trial, by the observations made by this Court while recording this order.
7.7 Rule is made absolute. Direct service is permitted.
(PARESH UPADHYAY, J.) mhdave/8 Page 3 of 3