[1] Permitted to place on record xerox copy of the complaint filed by the present applicant accused against complainant and others.
[2] This application is filed by the applicant under Section 438 of the Code of Criminal Procedure apprehending his arrest in connection with C.R.No.I-25 of 2012 registered with Godhra Taluka Police Station for the offences under Section 436, 452, 323, 427, 504, 506(2) and 114 of the Indian Penal Code.
[3] This Court has gone through the complaint filed by the applicant accused. This complaint is lodged on 10.02.2012 at about midnight and subsequently, against present applicant accused, complainant has lodged complaint on 10.02.2012 in the noon hours. Applicant accused has received fracture injury. As per the submission of learned advocate for the applicant, nephew of the complainant committed murder of daughter of present applicant accused. Having heard learned counsel for the parties and considering allegations made in the complaint as well as complaint filed by the present applicant who received fracture injury, in the peculiar facts and circumstances of the case, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565.
[4] The application is allowed. In the event of arrest of the applicant in connection with C.R.No.I-25 of 2012 registered with Godhra Taluka Police Station for the offences alleged against him, the applicant shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:
co-operate with the investigation and make himself available whenever required;
remain present before the concerned Police Station on 03rd April, 2012 between 11.00 a.m. and 2.00 p.m..;
not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for disclosing such facts to the Court or to any Police Officer;
at the time of execution of bond, shall furnish address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
not leave India without the permission of the Court and, if holding Passport, surrender the same before the trial Court immediately;
[5] It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
[6] At the trial, the Trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail.
[7] Rule made absolute to the aforesaid extent. Direct service is permitted.
[M.D.Shah, J.] satish Top