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-115 of 2011 registered with Jetpur Taluka Police Station, Rajkot for the offences u/s. 301 and 201 of the Indian Penal Code.
2. Heard Mr.B.P.Trivedi, learned advocate for the applicant. He has read contents of the complaint and contended that looking to the whole FIR it is lodged against some unknown persons. No where name of present applicant is stated in the FIR. It is contended that the applicant is implicated as an accused merely on the basis of statement of co-accused. He has read charge-sheet papers and contended that only on the basis of confessional statement made before the Investigating Officer the police has filed charge-sheet against present applicant. It is contended that even from the seriological report nothing is found against the present applicant during the test of the FSL. It is contended that no recovery or discovery is made from the present applicant. Lastly it is contended that only on the suspicion ground present applicant is charge-sheeted by the police. Therefore, he has prayed to enlarge present applicant on bail.
3. Heard Mr. N.J.Shah, learned APP for the respondent State. Mr.Shah has vehemently opposed the present application. He has read charge-sheet papers and column No.17 of the postmortem note and contended that serious injury is caused to the deceased. It prima-facie appears that this is a case of murder. Lastly he has contended that the statement of the accused before the police can be considered during the hearing of bail. He prays to reject bail application.
4. I have perused charge-sheet papers. From the column No.17 of the postmortem note head injury was found by the doctor. So far as involvement of the present applicant in the said offence is concerned, it does not appear that present applicant has committed the said offence. It is clarified that this Court has not gone into merits of the case.
5. 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-115 of 2011 registered with Jetpur Taluka Police Station, Rajkot 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 every 15th of the month between 9:00 a.m. to 2:00 p.m.
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