Rule.
Mr.A.J.Desai, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the Respondent State of Gujarat.
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 498(A) and 306 of the Indian Penal Code, for which, FIR has been lodged being I-C.R.No.88/2009 at Kothamba Police Station.
Learned counsel, Mr.U.M. Shastri for the applicant-accused submitted that the allegations are of general nature and even if the allegations in the complaint are accepted, the offence under Section 306 of the Indian Penal Code would not be attracted. He, therefore, submitted that the present application may be allowed.
Learned A.P.P., Mr.A.J. Desai resisted the present application.
Having regard to the nature of offences alleged, manner in which it is alleged to have been committed, role attributed and also considering the marriage span, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant viz., Rajeshbhai Salambhai Solanki is ordered to be released on regular bail in connection with I-C.R.No.88/2009 registered with Kothamba Police Station 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.
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