Rule.
Mr.Maulik Nanavati, learned APP appears and waives service of Rule for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Dhanera police station, District: Banaskantha, CR No.I-24 of 2012 for the offences punishable under Sections 365, 325, 323, 504, 506(2) and 114 of the Indian Penal Code and Section 3(1)(x) of the Atrocity Act.
Mr.Vora, learned advocate for the applicant, took me through the FIR and submitted that no major role is attributed to the applicant, who is original accused no.3 and it is further submitted that between the parties civil litigation is going on and in the instant matter, considering the facts and circumstances of the case and the nature of accusation, application may be allowed.
Heard Mr.Prajapati, learned advocate for the complainant. The affidavit of the complainant is also considered. It is submitted that if the injured complainant has not raised his hand, he would have been killed and it is further submitted that appropriate steps shall be taken by the complainant to incorporating other offences.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the facts and circumstances of the case and further the fact that as submitted, injured person is now not in hospital and his statement is over, the application deserves to be granted. However, since Mr.Prajapati, learned advocate for the complainant has raised apprehension that if the applicant shall enter in Village, there would be repetition of such incident. Under such circumstances, this Court is of the opinion that till the charge-sheet is filed, the applicant shall not enter into the sim of Eta village, Ta:Dhanera, Dist:Banaskantha. However, Mr.Vora, learned advocate for the applicant submitted that father of the applicant died on 18.06.2012 and his after death ceremony is arranged on 29.06.2012 and 30.06.2012. In above view of the matter, present application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Dhanera police station, District: Banaskantha, CR No.I-24 and of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave India 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 three months only;
(f) furnish the present address of residence to the I.O. 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) The applicant shall not enter into the sim of Village:Eta, Ta:Dhanera, Dist:Banaskantha, till the charge-sheet is filed. However, to attend after death ceremony of his father, he is permitted to enter into the said village on 29.06.2012 and 30.06.2012 and as soon as after death ceremony shall be over on 30.06.2012, in the evening, he shall leave the village.
The Authorities will release the applicant 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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 applicant on bail.
Rule is made absolute to the aforesaid extent. Application stands disposed of. Direct service is permitted, today. Since, the present applicant is released on regular bail by this order, Criminal Misc.Application No.9010 of 2012 becomes infructuous and hence, dismissed.
(J.C.UPADHYAYA, J.) GIRISH Top