[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with C.R.No.I-21 of 2012 registered with "A" Division Police Station, Rajkot.
[2] It is submitted by the learned advocate for the applicants that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail.
[3] It is alleged that under the promise of marriage, the present applicant committed rape on the victim. It is also alleged that as the present applicant is a Professor in college in which the victim was studying, the present applicant misused his post and compelled the victim to surrender to him. Learned advocate Mr.Anandjiwala took this Court through the letter written by the victim. The victim was 21 years old. It is also submitted by learned advocate Mr.Anandjiwala that even today the present applicant is ready to marry the victim. However, it is submitted by learned advocate Mr.Motiramani appearing for the complainant that the victim is not ready to marry the present applicant as the present applicant is not of good character.
[4] This Court has gone through the complaint and the letter written by the victim. In the facts and circumstances of the case, this Court is of the opinion that the application deserves to be allowed.
[5] Hence, the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-21 of 2012 registered with "A" Division Police Station, Rajkot for the offence alleged against him on his executing personal bond of Rs.10,000/- (Rupees ten 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 their 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) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) 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;
g) surrender passport, if any, to the lower Court within a week.
[6] 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.
[7] 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 applicants on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] srilatha Top