The present application has been filed by the applicant for grant of regular bail under section 439 of Code of Criminal Procedure, 1973 .
The applicant is charged with having committed offences under sections 498(A), 306 and 114 of Indian Penal Code for which F.I.R. being I-C.R.No.11 of 2009 has been registered with Salaya Police Station.
Learned advocate Mr.K.H.Dholakia for the applicant submitted that applicant is brother-in-law who is residing separately, and, therefore, he has been falsely implicated. He, therefore, submitted that the present application may be allowed considering the fact that the allegations made in the First Information Report are of general nature and as brother-in-law has been falsely implicated.
Learned Additional Public Prosecutor Mr.H.L.Jani resisted the application.
Having regard to the nature of offence, role attributed and considering the fact that applicant is brother-in-law residing separately, the present application deserves to be allowed in view of guidelines laid down for grant of bail.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.11/2009 registered with Salaya Police Station Police Station, on his executing bond of Rs.10,000/- (Rupees Ten Thousand) 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) mark his presence before concerned Police Station on every 15th day of English calender month between 11:00 AM to 2:00 PM till the charge sheet is filed.
(f) 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.
(g) 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.) Amit/-
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