[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-70 of 2012 registered with Ramol Police Station, Ahmedabad for the offence under sections 365, 376 and 114 of the Indian Penal Code.
[2] It is submitted by the learned advocate for the applicant accused that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail.
[3] Heard learned advocates for the respective parties. This Court has gone through the complaint. It is alleged that present applicant along with another accused took victim in the room of the office of main accused - Mukhiya and thereafter, as per case of the prosecution, accused - Mukhiya came there and committed rape on the victim. Present applicant is real brother of accused - Mukhiya and he is residing nearby the office where the incident took place. Considering this facts and the manner in which the incident took place and considering the role attributed to the present applicant, without entering into the merits of the case, this Court is of the opinion that the application deserve to be allowed.
[4] Hence, the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-70 of 2012 registered with Ramol Police Station, Ahmedabad for the offence alleged against him, on executing personal bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 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 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 passport, if any, to the lower Court within a week.
[5] 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.
[6] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top