Rule.
Ms.Mini Nair, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the Respondent-State of Gujarat.
The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the chargesheet.
The applicant-accused is charged with having committed offences under Sections 498(A) and 306 of the Indian Penal Code, for which, FIR being I-C.R.No.79/2010 has been lodged at Sarkhej Police Station.
Learned counsel, Mr.Verma for the applicant referred to the papers and submitted that when the deceased committed suicide, the applicant was not present at the time of incident. He submitted that as now the investigation is over and the chargesheet is filed, the present application may be allowed to take care of the family as well as infant child.
Learned A.P.P., Ms.Nair resisted the present application.
Having heard learned counsel appearing for the applicant-accused and learned A.P.P. and having considered the nature of offences, role attributed and also the fact that the chargesheet has now been filed as also considering the other attending circumstances like taking care of the infant child, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.79/2010 registered with Sarkhej Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower 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 pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial commences.
If 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.
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 permitted.
(RAJESH H.SHUKLA, J.) /patil Top