1. This applicant has been arrested in connection with CR.No.I-14 of 2012 registered with Virpur police station for the offences punishable under sections 498(a), 306 and 114 of the Indian Penal Code.
2. The applicant is brother-in-law of the deceased Kaliben, who after the marriage span of 13 years committed suicide. It is the case of the prosecution that she committed suicide by hanging on 5.5.2012 on account of physical and mental cruelty perpetrated by the husband. It is also alleged that her husband was suspicious of her character.
3. Learned advocate appearing for the applicant has urged that brother-in-law was residing separately and he had no occasion to interact with the deceased and there is hardly anything in the complaint to rope in the present applicant. Learned advocate for the applicant submitted that the applicant is the only bread winner of his family. He should not be allowed to continue to remain in jail.
4. Learned Additional Public Prosecutor Ms.C.M. Shah does not dispute the fact that the applicant was residing separately.
5. Having thus considered the submissions and the fact that the allegations are essentially against the husband, whose suspicious nature drew the deceased to commit suicide as also considering the role of the accused and the overall circumstances, this Court is inclined to grant bail in favour of the accused.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR.No.I-14 of 2012 registered with Virpur police station, on executing a bond of Rs.20,000/- (Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the Sessions Judge concerned;
(e) mark presence before the concerned police station on the 1st and the 15th of every English Calender month between 11.00 a.m. and 3.00 p.m.;
(f) furnish the present address of residence to the Investigating Officer 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;
7. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
8. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(Ms.Sonia Gokani, J.) sudhir Top