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 - 5 of 2012 registered with Ankleshwar Rural Police Station, Dist: Bharuch for the offence under sections 376 and 506(2) of the IPC.
2. Heard learned advocate Mr. Majmudar for the applicant and learned APP Miss Shah for the respondent State.
3. Following aspects are considered.
3.1 The alleged incident occurred on 14.11.2011 and the FIR was lodged on 14.1.2012.
3.2 The victim was with her parents in this period.
4. Considering the above, this Court is of the opinion that the application deserves to be allowed.
5. Hence, the application is allowed. Applicant Maulvi Iqbal Ahmed Desai (Sufi) is ordered to be released on regular bail in connection with C.R.No.I - 5 of 2012 registered with Ankleshwar Rural Police Station, Dist: Bharuch for the offence alleged against him on executing personal 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 he shall:-
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and shall cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave India without prior permission of the Court concerned;
f) furnish the address of 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 the Court concerned;
g) surrender passport, if any, to the lower Court within a week.
6. 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.
7. Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(BANKIM.N.MEHTA, J.) shekhar* Top