This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.8/2011 with Western Railway Police Station, Gandhidham for the offences punishable under Sections 302, 354, 326, 114 and 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act.
Learned Counsel appearing for the applicant submits that the present applicant alongwith three other accused persons allegedly caught the hand of the wife of the deceased, who was passing through the road with her husband (deceased), which resulted in a scuffle; wherein the present applicant is alleged to have given kick and fist blows on the body of the deceased. Learned Counsel has taken this Court through the post mortem report, which reveal that there were no external injuries on the body of the deceased, except on the head which have been caused by accused No.1 - Ramla with the use of a iron bar. It is further submitted that the accused No.2 - Haresh had caused injuries by stick blows on the deceased. Besides, the present applicant is aged 19 years, he is in police custody since 08.05.2011 and since chargesheet has also been filed, it is submitted that the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Mr. J.K. Shah for the respondent-State.
Having heard learned Counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
Learned Counsels for 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 released on bail in connection with First Information Report registered as I-C.R. No.8/2011 with Western Railway Police Station, Gandhidham, on executing a bond of Rs.25,000/- (Rupees Twenty Five 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 liberty or misuse 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 prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station every fortnight between 10.00 a.m. and 3.00 p.m. for one year only;
f) furnish the present 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 the residence without prior permission of this Court;
g) not enter within the City limits of ANJAR till the trial is over, except for the purpose of attending the trial or marking presence.
The authorities will release the applicant only if not required in connection with any other offence for the time being.
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.
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 made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top