1. Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 21.02.2012.
2. Heard learned APP for the respondent - State.
3. From the papers, it transpires that the marriage span is four years and one minor child aged 1 ½ years is staying with the in-laws of the deceased. The incident took place on 5th and at the first instance, the complainant and other witnessses stated before the Dy.S.P. that there was no torture committed by the in-laws. Thereupon, on 9th the complaint was lodged and offence was registered. Mainly, it is alleged that mother-in-law and sister-in-law tortured her for petty issues and also demanded dowry. It is alleged that the deceased made complaint against the present applicant that he did not take care of these things.
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 coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicant 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 and Sections 3 and 7 of the Dowry Prohibition Act, 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 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