[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-299 of 2011 registered with Shaherkotda Police Station, Ahmedabad for the offence punishable under Sections 302, 307, 498(A), 114 of the Indian Penal Code and under sections 3 and 7 of the Dowry Prohibition Act.
[2] It is submitted by the learned advocate for the applicant accused that charge sheet is filed. It is also submitted that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is also submitted that the applicant is in jail.
[3] This Court has gone through the dying declaration of the deceased. It is specifically stated by the deceased before the Executive Magistrate that her mother in law poured kerosene and set her on fire. So far as allegations of murder is concerned, no allegations are made against the present applicant. Allegations of torture are made against the applicant. Considering this facts and role attributed to the present applicant, without entering into the merits of the case this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
[4] Hence, the applicant is ordered to be released on bail in connection with C.R.No.I-299 of 2011 registered with Shaherkotda Police Station, Ahmedabad for the offence alleged against him on the applicant executing personal bond of Rs.20,000/- (Rupees twenty 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) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the 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;
g) surrender passport, if any, to the lower Court within a week.
[5] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[6] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top