1. This application has been preferred under Section 439 of the Code of Criminal Procedure, in connection with the offence being CR No. I-65 of 2011 registered with Gandhidham "B" Division Police Station, District : Kutch for the offence u/s. 364(A), 386, 120(B), 507 and 328 of the Indian Penal Code.
2. Parties do not press for reasoned order.
3. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact that the other accused who had played more serious role than the present applicant are released by this Court (Coram : Z.K.Saiyed, J), I am inclined to grant bail to the applicant. At this stage of bail, this Court is not discussing the evidence in detail.
4. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No. I-65 of 2011 registered with Gandhidham "B" Division Police Station, District : Kutch for the offence alleged against him in this application on his 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the country without the prior permission of the concerned Sessions Judge.
f) mark his presence before the concerned Police Station on the last date of every month till the trial is over;
g) furnish the address of his 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;
h) surrender his passport, if any, to the lower Court within a week.
5. If breach of any of the above conditions is committed, the concerned Sessions Judge 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.
7. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top