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.94/2011 with Kotda Sangani Police Station, Rajkot Rural for the offences punishable under Sections 376, 342, 509, 506(2), 323, 504 and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicants submits that the victim was 21 years old at the time of incident. Further statement of the victim also reveal that she had gone voluntarily with the applicant No.2. The marriage certificate dated 22.07.2011 is also placed on record and the affidavit of the victim dated 22.07.2011 (placed on record) speaks volume about the conduct of the victim. In view of the above, it is submitted that the applicants may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Having heard learned Counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicants, by imposing suitable conditions, I deem it just and proper to enlarge the applicants on bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with First Information Report registered as I-C.R. No.94/2011 with Kotda Sangani Police Station, Rajkot Rural, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that they shall;
a) not take undue advantage of liberty or misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender their passports, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) 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 ONE YEAR only;
f) furnish the present address of their 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;
g) not enter within the limits of VILLAGE BAGADIYA, for ONE YEAR, except, for the purpose of attending the trial or marking presence.
The authorities will release the applicants 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 applicants on bail.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top