1. Present application has been filed by the applicant for grant of regular bail under Section 439 of Cr.P.C. after charge-sheet.
2. The applicant accused is charged with having committed offence under Sections 498-A, 306 and 114 of the Indian Penal Code for which FIR being CR No.I-45/2010 has been registered with Bhachau Police Station.
3. Learned Advocate Mr.Shah referred to the papers and submitted that at late night, daughter of the complainant committed suicide. He submitted that the span of marriage life is five years and considering the allegations also, Section 306 of I.P.C. would not be attracted and it cannot be said that there was any instigation prior to the incident. He has, therefore, submitted that the present application may be allowed.
4. Learned A.P.P. Mr.M. R. Mengdey resisted the application and submitted that looking to the allegations made in the FIR as well as statements of the witnesses, the present application may not be entertained.
5. Having heard the learned Advocate Mr. Shah and learned A.P.P. and having perused the papers and considering prima facie case, the nature of allegations are required to be considered which are in the nature of offence and considering the FIR, prima facie, there is no allegation with regard to the instigation immediately prior to the incident. Therefore, without further elaboration and considering the nature of the offence and the role attributed to the applicant, the Court is of the opinion that the present application deserves to be allowed subject to the conditions hereinafter.
6. Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with the F.I.R. being CR No.I-45/2010 has been registered with Bhachau Police Station, on his executing a bond of Rs.5,000/- (Rupees Five Thousand) 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 with the investigating officers.
(e) mark his presence before concerned Police Station on 1st Monday of every month of English calender between 11:00 AM to 2:00 PM till the trial is commenced.
(f) 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.
(g) surrender his passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) vijay Top