[1] 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 - 48 of 1999 registered with Garbada Police Station, for the offence punishable under Sections 326 and 504 of the Indian Penal Code.
[2] It is submitted that by learned advocate for the applicant that the applicant is innocent and falsely involved in the offence. It is also submitted by the learned advocate for the applicant that even though, the applicant was residing in the same village and cultivating his land continuously, he was shown as absconder and the applicant is arrested in the year 2012 in connection with the offence which was registered in the year 1999. It is also submitted by the learned advocate for the applicant that prima-facie it appears that the complaint was lodged with an intention to falsely implicate the applicant and therefore, the applicant is required to be enlarged on bail.
[3] I have heard both the counsel and perused the record. It is alleged that the applicant had caused the injury with Dharia to the injured person, who subsequently died in the year 2008 by natural death. Considering this fact and also considering the fact that the charge-sheet is filed, alleged offence is triable by the Court of Judicial Magistrate First Class, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
[4] Hence, the applicant is ordered to be released on bail in connection with C.R.No.I - 48 of 1999 registered with Garbada Police Station, for the offence alleged against him, on his executing personal bond of Rs.20,000/- (Rupees Twenty 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 liberty or abuse liberty;
b) shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) shall maintain law and order and should cooperate the Investigating Officer;
d) shall not act in a manner injurious to the interest of the prosecution;
e) shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) he shall mark his presence before Garbada Police Station once in a month more particularly between 1st and 5th of month between 10.00 a.m. and 2.00 p.m. for a period of 6 (six) months.
g) furnish the address of their residence along with the proof 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;
h) surrender passport, if any, to the lower Court within a week.
[5] 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.
[6] 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 to the aforesaid extent. Direct service is permitted.
[M.D.SHAH, J.] ..mitesh..
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