1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-146 of 2011 registered with Vijapur Police Station, Mehsana for the offences u/s. 279, 304(A), 302 and 114 of the IPC u/s. 177 and 184 of the Motor Vehicles Act.
2. Heard Mr.Manish J. Patel, learned counsel for the applicant. He has submitted that from statement of the witnesses it appears that present applicant have given only fist and kick blows. He has submitted that charge-sheet is filed. He has submitted that role attributed to the present applicant is only of abettor. He has submitted that present applicant will be available during the trial and he will not temper with the evidence. He has therefore prayed that present applicant may be enlarged on bail.
4. Heard Mr.K.L.Pandya, learned APP for the respondent State. He has vehemently opposed the present application. He has read papers and order of the learned Judge and submitted that serious offence is committed by the present applicant. He has prayed to reject bail application of the present applicant.
5. It is true that role attributed to the present applicant is only of abettor. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
6. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-146 of 2011 registered with Vijapur Police Station, Mehsana for the offence alleged against him in this Application on his executing a 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 his 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) mark presence before the concerned Police Station on 1st and 15th of every month.
f) not leave the country without the prior permission of the concerned Sessions Judge;
g) furnish the address of his residence to the I.O. 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;
h) surrender his passport, if any, to the lower Court within a week.
7. If the 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.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top