By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release her on regular bail in connection with CR No.I-114 of 2011 registered with Chaklasi Police Station for the offence punishable under Sections 302, 120-B and 114 of the Indian Penal Code.
Heard Mr.M.M.Tirmizi, learned counsel for the applicant and Mrs.Krina Calla, learned Additional Public Prosecutor for respondent-State.
Mr.Tirmizi, learned counsel for the applicant, has contended that the applicant is a lady accused and there is no direct evidence against her and the entire case depends on circumstantial evidence. She is in jail since 31-8-2011 and looking to the facts of the case and overall circumstances, applicant may kindly be released on bail.
Mrs.Krina Calla, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence. Even prima-facie case is made out against the applicant.
In the facts and circumstances of the case, considering the only fact that the applicant is a lady accused who is in jail since last more than six months coupled with the fact that there is no direct evidence and the case is based on circumstantial evidence and also the fact that the charge-sheet is filed, without entering into the merits of the case, prima facie, this Court is inclined to allow this application.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-114 of 2011 registered with Chaklasi Police Station, for the offence alleged against her in this application on her executing a bond of Rs.25,000/- (Rupees twentyfive thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall -
a) not take undue advantage of her liberty or abuse her liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of her 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) surrender her passport, if any, to the lower Court within a week.
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.
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. Direct service is permitted.
If applications for other accused are preferred, this order will not come in any way while deciding the said applications as this application is allowed considering only the fact that the applicant is a lady accused.
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.
[M.D.SHAH,J.] radhan Top