This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.64/2011 with Borsad Rural Police Station, Anand for the offences punishable under Sections 394, 324, 323, 504, 506(2), 427 and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicants submits that the applicants had preferred Criminal Miscellaneous Application No.675/2011 before the learned Additional Sessions Judge, Anand as the applicants were arrested in connection with the above cited First Information Report.
While granting bail to the present applicants, the learned Sessions Judge, Anand vide order dated 07.12.2011 had imposed strict conditions including condition No.4 which reads as under :-
"The applicants/accused shall not enter into the vicinity where the complainant resides and their working place."
It is submitted that allegedly the present applicants committed breach of condition No.4 and entered into the Village and committed an offence punishable under Section 323 of the Indian Penal Code. Due to violation of the above condition, the order of bail granted in favour of the applicants was cancelled.
It is now submitted that the applicants may be enlarged on bail by imposing strict conditions.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
This Court has gone through both the orders passed by the Sessions Court. Considering the overall facts of the case, in the opinion of this Court, by imposing strict conditions, this application deserves to be allowed.
Hence, this application is allowed and the applicants are ordered to be released on bail in connection with First Information Report registered as I-C.R. No.64/2011 with Borsad Rural Police Station, Anand, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) EACH with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that they 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 their passports, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station every fortnight till the chargesheet is filed;
f) furnish the present address of their 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) not enter within the District limits of ANAND for one year, except, for the purpose of attending the trial or marking presence.
The authorities will release the applicants only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
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 applicants on bail.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top