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-08 of 2012 registered with Nakhatrana Police Station for the offence under Sections 498(A) and 306 of the Indian Penal Code.
It is submitted that by learned advocate for the applicant that marriage span is of nine years and out of wedlock one child was borne, who is seven years of age and presently living with brother of the applicant. It is further submitted by the learned advocate for the applicant that the deceased-wife was suffering with some mental diseases and she was under treatment. She, therefore, prayed to enlarge the applicants on bail.
As against this, Mr.Dabhi, learned Additional Public Prosecutor, states that before two years from the date of incident demand of dowry was made and because of this torture, deceased-wife of the applicant committed suicide by hanging herself.
This Court has gone through the complaint. Considering the facts of the case as well as the fact that marriage span is of nine years and the deceased-wife of the applicant was suffering from some mental disease, without entering into the merits of the case, prima facie, this Court is of the opinion that this application deserves to be allowed.
Hence the application is allowed. The applicant is ordered to be released on bail in connection with C.R. No.I-08 of 2012 registered with Nakhatrana Police Station for the offence alleged against him, on the applicant executing personal bond of Rs.10,000/- (Rupees Te thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that:-
a) he shall not take undue advantage of liberty or abuse liberty;
b) he shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) he shall maintain law and order and should cooperate the Investigating Officer;
d) he shall not act in a manner injurious to the interest of the prosecution;
e) he shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) he shall furnish the address of his 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;
g) he shall surrender passport, if any, to the lower Court within a week.
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.
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.
(M.D.
Shah, J) Anup Top