This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.1/2012 with Dwarka Police Station, Jamnagar for the offences punishable under Sections 306 and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the applicant herein is alleged to have come to the house of the deceased and threatened to take away the deceased once again. Because of this torture and threat, allegedly the deceased committed suicide.
It is also submitted that against the present applicant and other accused, a complaint was lodged by the mother of the deceased for the offences punishable under Section 363, 366, 506(2), 323 and 114 of the Indian Penal Code which was registered with Police Station, as I-C.R. No.95/2011 on 28.11.2011. The application for bail preferred by the applicant herein under Section 439 of the Criminal Procedure Code and numbered as Criminal Miscellaneous Application No.360/2011 was allowed by the Sessions Court. It was observed by the Sessions Court that the deceased at the time of the incident was seventeen and a half years old. It was also noted by the Sessions Court that prima-facie considering the statement of the victim, it revealed that the victim had gone voluntarily with the present applicant as she was in a love affair with him and after the applicant's release on bail, the present complaint has been lodged by the mother of the victim (deceased).
It is submitted that considering all the above aspects, the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. C.M. Shah for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
This Court has gone through the police papers as well as that of the chargesheet and in the facts of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.1/2012 with Dwarka Police Station, Jamnagar, on executing a 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 liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender his passport, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) 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;
g) furnish the present address of his 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 this Court;
The authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
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.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top