[1] 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-90 of 2011 registered with Sami Police Station for the offence punishable under Sections 306, 498(A), 323 of the Indian Penal Code and under sections 3 and 7 of the Dowry Prohibition Act.
[2] Mr.Thakore, learned advocate for the applicant submitted that charge sheet is filed. He places on record copy of the marriage invitation card, which is ordered to be taken on record. As per invitation card, marriage took place on 21.04.2002 i.e. before 9 years. So far as complaint is concerned, marriage took place before 7 years. It is submitted that two minor children are born out of the said marriage. Both the minor children at present are with parents of the applicant. He has also placed on record constitution of the community and submitted that as per constitution there is no custom of dowry in the caste of the applicant. It is further submitted that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail.
[3] This Court has gone through the marriage initiation card produced by the learned advocate for the applicant and on verifying the same it is found that marriage took place in the year 2002. Except bare reading of the complaint, there is nothing which prima facie shows that incident of demand of dowry had taken place. In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant and now the charge-sheet is filed, without entering into the merits of the case this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
[4] Hence, the applicant is ordered to be released on bail in connection with C.R.No.I-90 of 2011 registered with Sami Police Station for the offence alleged against him on his executing personal bond of Rs.15,000/- (Rupees fifteen 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 Officer;
d) mark presence before the concerned Police Station on every 1st of English Calender month between 11.00 a.m. and 2.00 p.m.
e) not act in a manner injurious to the interest of the prosecution;
f) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
g) furnish the address of 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;
h) surrender passport, if any, to the lower Court within a week.
[5] 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.
[6] 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.] satish Top