[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-208 of 2011 registered with Patan Taluka Police Station, for the offence punishable under Sections 302, 307, 147, 148 and 149 of the Indian Penal Code.
[2] It is submitted that by learned advocate for the applicant that the applicant is innocent and falsely involved in the offence. It is also submitted by the learned advocate for the applicant that looking to circumstances, it reveals that the deceased had committed suicide and she was threatening to kill herself, prior to this incident. It is also submitted that in the history given before the doctor as well as in the dying declaration recorded by the executive magistrate, the name of the applicant is not shown and thereafter, his name is falsely implicated therefore, the applicant is required to be enlarged on bail.
[3] I have heard both the counsel and perused the record. The fact emerges from the record is that the name of present applicant is not shown, but, names of other accused were given by the deceased in the dying declaration, recorded by the executive magistrate and thereafter, name of the present applicant was given in the complaint. Considering this aspect, 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-208 of 2011 registered with Patan Taluka Police Station, for the offence alleged against him, on his 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 liberty or abuse liberty;
b) shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) shall maintain law and order and should cooperate the Investigating Officer;
d) shall not act in a manner injurious to the interest of the prosecution;
e) shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of their residence along with the proof 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.
[7] 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 is permitted.
[M.D.SHAH, J.] ..mitesh..
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