1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I-98 of 2012 with Rajkot "A" Division Police Station, for the offences punishable under Sections 364(C) and 114 of the Indian Penal Code.
2. Learned counsel appearing for the applicant submits that the investigation is on verge of completion and the applicant is alleged to have committed the crime but he is not one of the prime accused and at the most offences are attracted in view of section 114 of Indian Penal Code. By imposing suitable conditions to secure the presence of the applicant during trial, powers under section 439 of the Code of Criminal Procedure be exercised in favour of the applicant.
3. Heard learned APP for the respondent - State who opposed grant of bail looking to the nature and gravity of offence.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the above facts, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, I am inclined to enlarge the applicant on bail.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at CR No.I-98 of 2012 with Rajkot "A" Division Police Station, on executing a bond of Rs.5,000/- (Rupees Five 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, 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 on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of residence to the I.O. 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;
7. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
11. 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.
12. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT S. DAVE, J.) PIYUSH Top