The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail.
The applicant-accused is charged with having committed offences under Sections 376, 323, 385, 506(1) and 114 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, for which, FIR being I-C.R.No.217/2010 has been lodged at Sarkhej Police Station, Ahmedabad.
Learned Senior Counsel, Mr.Raju for the applicant referred to the FIR and submitted that official engagement was made and the victim is elder than the applicant. He further submitted that after the engagement broken off, the present complaint has been filed after a period of five months. He, therefore, submitted that the present application may be allowed.
Learned A.P.P., Mr.Mangdey strongly resisted the present application pointing out the complaint with regard to clippings and photographs, which has not been recovered. He further submitted that the remand was not granted, against which, Revision Application is pending before the Court below.
In view of the rival submissions, it is required to be considered whether the present application can entertained or not.
As this Court is not required to appreciate and scrutinize the evidence in detail at this stage and only prima-facie case is required to be considered. As it appears from the FIR itself that engagement was made and relations were developed and, thereafter, they have broken off, for which, the complaint is filed late after five months. Therefore without further elaboration, considering the nature of offences, manner in which it is alleged to have been committed, role attributed, the present application deserves to be allowed. However, the apprehension voiced by the learned A.P.P. with regard to photographs or the clippings is required to be considered. Learned Senior Counsel, Mr.Raju on instruction has stated that there is no such photographs or clippings. If any time such photographs or clippings alleged to have been used or misused, that itself would be a ground for cancellation of bail without any further steps. Therefore, without much elaboration, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.217/2010 registered with Sarkhej Police Station, Ahmedabad on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower 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 pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the chargesheet is filed.
(h) file an undertaking before this Court before release to the effect that he is not having any photographs or clippings and if having, he shall surrender to the Investigating Officers.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top