This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-70 of 2011 registered with Shamlaji Police Station, Banaskantha for the offences under Sections 498(A), 306 and 114 of the Indian Penal Code and under Sections 3 and 7 of Dowry Prohibition Act.
2. Heard Mr.Vijay Nangesh, learned advocate for the applicant. He has contended that there is nothing on record to establish that present applicant is abettor, provocator or instigator. The present applicant is mother-in-law of the deceased. He has contended that applicant will be available during the trial and he will not tamper with the evidence. He has prayed to release present applicant on bail.
3. Heard Ms.Calla, learned APP for the respondent State. He has vehemently opposed present application and contended that it is a serious offence. He has prayed not to release present applicant on bail.
4. I am not entering into merits of the case and only considering the fact that the present applicant is lady accused and is in jail since 12.12.2011 and her husband is released by this Court vide order dated 20.1.2012 passed in Criminal Miscellaneous Application No.283 of 2012 and I am inclined to grant bail to the applicant.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-70 of 2011 registered with Shamlaji Police Station, Banaskantha for the offence alleged against him in this Application on his executing a 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 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 country without the prior permission of the concerned Sessions Judge;
f) furnish the address of her 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;
g) surrender his passport, if any, to the lower Court within a week.
6. If the breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
7. 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.
8. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top