1. Learned advocate for the applicants submits that he does not press this application for applicant no.1 at this stage. Hence, this application stands disposed of as not pressed qua applicant no.1.
2. Learned counsel appearing for the applicants submitted that considering the nature of allegations and role attributed to the applicant no.2, by imposing suitable conditions, the applicant no.2 may be enlarged on bail. It is also submitted that applicant no.2 is in jail since 21.2.2012.
3. Heard learned APP for the respondent - State.
4. Having heard learned counsel 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 accused, that the applicant no.2 is 19 years old and he is brother of applicant no.1, considering the relationship of the present applicant no.2 with the deceased and the role attributed to the applicant no.2, without deciding the application on merits, this application is allowed qua applicant no.2. The applicant no.2 is ordered to be enlarged on bail in connection with C.R.No.I-39 of 2012 of Chikhli Police Station, District Navsari for the offences punishable under sections 306, 498(A) and 114 of the Indian Penal Code, Sections 3 and 7 of Dowry Prohibition Act of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant no.2 shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top