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The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure, in connection with Adipur Police Station C.R. No. I-202/2011 for the offences punishable under Sections 366, 376, 506 [2] and 114 of the IPC.
2 Mr.
Dagli, Learned advocate for the applicants at the outset, submitted that in the instant matter the entire investigation is over and charge-sheet is filed. He submitted that in the entire investigation papers, nothing emerge that the applicants can be identified for being implicated in the offence. It is submitted that in the FIR, no names of the accused are stated, only reference is of two mobile nos., namely, 9726104784 and 9724533813 and it is alleged that prior to the date of the incident, the prosecutrix used to receive phone calls from these numbers. It is further submitted that considering the entire charge-sheet papers, nothing transpires that any Test Identification Parade [for short 'TIP'] was arranged. There is no recovery or any discovery from the applicants or through the applicants.
3 Mr.
Kodekar, learned APP, however, submitted that during the course of investigation when the phone details of the two mobile phone numbers were called for, it transpired that mobile no. 9726104784 belonged to applicant accused no. 1 Vanrajsinh. However, abouit the second mobile number, no details are provided. It is further submitted that it is true that throughout the investigation, no TIP was arranged, but the Investigating Officer had sent Yadis to the Executive Magistrate, but no date for TIP was given.
4 Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and the relevant papers of the charge-sheet, it transpires that there are lacuna in the investigation. Admittedly, no TIP was conducted. Considering the charge-sheet papers, it transpires that mobile phone no. 9726104784 came to be connected with applicant accused no. 1 Vanrajsinh, but considering FIR, on 23/11/2011 the complainant lady had received message from mobile phone no. 9724533813 and nothing indicates that the said mobile phone number belonged to any of the applicants. Considering that the investigation is over and the charge-sheet is filed and considering the facts and circumstances of the case, this Court is of the opinion that the application deserves to be allowed.
4.1 However, considering the above situation, the Ld. APP Mr. Kodekar is requested to draw the attention of the higher police officer of the District about the manner in which the investigation is made.
5 Learned counsel for the parties do not press for further reasoned order.
6 In the facts and circumstances of the case, the applications are allowed and the applicants are ordered to be released on bail in connection with Adipur Police Station C.R. No. I-202/2011, on executing a bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 India 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 applicants 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 trial Court 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 applicants on bail.
Rule is made absolute. DSP.
Copy of this order shall be provided to the Ld. APP Mr. Kodekar for the respondent - State.
(J.C.UPADHYAYA, J.) * Pansala.
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