By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release her on regular bail in connection with CR No.I-15 of 2012 registered with Kothamba Police Station for the offence punishable under Sections 306, 498A and 114 of the Indian Penal Code.
Heard Mr.Hardik Dave, learned counsel for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
Learned counsel for the applicant has contended that all allegations are against the husband of the deceased. It is alleged that husband is in habit of consuming alcohol and deceased was being beaten by him. Only allegation against the present applicant, who is the mother-in-law of the deceased, is about telling the deceased that land sold by the husband of the deceased has been at the instance of the deceased and there is no allegation of dowry. It is also submitted that three months old female child is at present with the present applicant, who is in jail as nobody has come forward to take care of the minor child and minor child was compelled to stay with the present applicant in jail.
Considering only the above facts and circumstances of the case, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-15 of 2012 registered with Kothamba Police Station, for the offence alleged against her in this application on her 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 she shall -
a) not take undue advantage of her 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 State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of her residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender her passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
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. Rule is made absolute. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top