AI Structured Summary
Not yet generated for this judgment
Judgment
M. R. Mengdey, J
Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No.11203023240024 of 2024 registered with ‘A’ Division Police Station, District Junagadh.
Learned advocate for the applicant submits that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by R/CR.MA/8254/2024 ORDER DATED: 01/05/2024 imposing suitable conditions.
The learned APP appearing for the respondent State vehemently submits that the applicant has played an active role in commission of alleged offence in question. The victim was administered phenyl by the co-accused who happens to be the husband of the present applicant. He, therefore, submits that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.
I have heard learned advocates appearing for the parties and perused the papers of investigation. From the record it appears that the investigation is over and Charge-sheet has already been filed. The role attributed to the present applicant is to the effect that the applicant had given kick and fist blows to the victim. Except this, no other overt act is attributed to the present applicant. Considering the role attributed to the present applicant, the present application deserves to be allowed.
This court has also considered the following aspects:
(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 13.01.2024.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, 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 application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;
(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) shall maintain law and order and not to indulge in any criminal activities.
(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court.
(d) shall provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) shall not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect.
The authorities concerned shall release the applicant only if she is 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.
At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
Rule made absolute to the aforesaid extent. Direct service is permitted.