Permitted to amend name of jail in the cause title.
The instant application is filed seeking regular bail after charge-sheet under Section 439 of the Code of Criminal Procedure in connection with Maninagar Police Station, District: Ahmedabad C.R No.I-219 of 2011 for the offences punishable under Sections 302, 201, 328 and 120(B) OF the Indian Penal Code and Section 135(1) of the Bombay Police Act.
Learned Senior Counsel Mr.Thakkar for M/s. Thakkar Associates for the applicant, at the outset, submitted that, in the instant matter, the entire investigation is over and charge-sheet is filed. It is further submitted that considering the charge-sheet papers, the prosecution case is based solely on circumstantial evidence. However, so far as the applicant is concerned, who is arraigned as accused no.2 in the charge-sheet, there is no circumstance, which connects the applicant with the crime. It is submitted that no motive is alleged against him. There is no evidence that the deceased having been last seen in the company of the applicant. There is no recovery of any article much less any weapon or any discovery at the instance of the applicant. It is submitted that as per the charge-sheet, accused no.1 and original accused no.5 inflicted knife blows on the body of the deceased and according to the P.M. report, the cause of death is stab injuries. My attention was drawn to certain orders passed by this Court and by Sessions Court in releasing three co-accused persons on regular bail viz. order dated 05.03.2012, passed in Criminal Misc.Application No.1798 of 2012 , order dated 26.04.2012, passed in Criminal Misc.Application No.4680 of 2012 and the order dated 14.02.2012, passed in Criminal Misc.Application NO.460 of 2012. It is further submitted that so far as co-accused Rashid is concerned, who came to be released on bail by this Court in Criminal Misc.Application No.1789 of 2012 prosecution case is that during life time of the deceased, the deceased had attributed clear motive qua him that in case he would be done away, said Rashid would be responsible.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the relevant investigation papers, it transpires that no motive is attributed to the applicant. It is further transpires that no role is attributed to the applicant. Nothing came to be seized from the applicant or recovered at his instance. I have also considered the above referred earlier bail orders passed by this Court and passed by the Sessions Court. I have also taken into consideration the relevant papers from the police investigation papers. This Court is of the opinion that the application filed by the applicant seeking regular bail after charge-sheet under Section 439 of the Code of Criminal Procedure Code deserves to be granted.
Learned counsel 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 at Maninagar Police Station, District: Ahmedabad C.R No.I-219 of 2011 , on executing a bond of Rs.20,000/- (Twenty Thousand) 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;
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.
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.
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 is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top