This application is filed under section 439 of the Code of Criminal Procedure by the applicant who has been arrested in connection with C.R. No. I - 43 of 2012 registered with "A" Division Police Station, Bharuch for the offence punishable under sections 342, 323, 324, 325, 34 of the Indian Penal Code and section 135 of the Bombay Police Act.
Learned advocate for the applicant submitted that the applicant is an innocent person and a false case is foisted on him. He submitted that present FIR is filed on 20.03.2012 at about 19.10 hours and before registering the said complaint, cousin sister of the applicant has registered an FIR against the deceased as well as the other accused persons before "A" Division Police Station, being C.R.No.I-42 of 2012 for the offence punishable under sections 354, 341, 504 and 114 of the Indian Penal Code. He has submitted that prior to the said incident on 18.03.2012, the deceased Pravin @ Pappu has misbehaved with the cousin sister of the applicant on the public road and he has threatened the complainant and his family member by showing sword and stated if complaint is lodged, he will kill the entire family. It is submitted that thereafter on 20.03.2012, the said deceased Pravin @ Pappu has again misbehaved with the cousin sister of the applicant and, therefore, the applicant himself gone before the police station for registering the complaint at 18.00 hours. He has submitted that even from the statement of lady witness Gauriben, it is also disclosed on record for the presence of the applicant. He submitted that considering the role attributed to the applicant and reflected in the FIR, this is a fit case to enlarge the applicant on regular bail.
As against the aforesaid, learned APP submitted that looking to the statements of the witnesses, the presence o the applicant at the place of offence is established. She submitted that considering the role played by the applicant, no discretionary relief can be granted to the applicant, and the application deserves to be dismissed.
Having heard the rival submissions of learned advocates and having considered the role attributed to the applicant and reflected in the FIR, the quantum of punishment etc. and gravity of offence, and looking to the facts of the complaint, at the relevant period of offence, the applicant was present at the police station, I am of the view that the applicant is required to be enlarged on regular bail at this stage on stringent conditions, without entering into the merits of the case and without discussing the evidence in detail.
The parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with C.R. No. I - 43 of 2012 registered with "A" Division Police Station, Bharuch, on his executing a bond of Rs.15,000/- [Rupees Fifteen thousand only] with one 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 act in a manner injurious to the interest of the prosecution;
[c]. surrender his passport, if any, to the lower court within a week;
[d]. not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e]. mark his presence at the concerned Police Station on 15th day of each English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f]. furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of this Court;
[g]. maintain law and order.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to 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 applicant on bail.
Rule is made absolute to the aforesaid extent. Direct Service is permitted.
( Z. K. SAIYED, J.) (vijay) Top