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Judgment
Vipul M. Pancholi, J
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being
C.R.No.1118400620031 of 2020 registered with Kawant Police Station, District Chhotaudepur for offence under Sections 306, 323, 504, 506(2) and
114 of the Indian Penal Code.
Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular
bail by imposing suitable conditions.
Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.
Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case
nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is
a fit case to exercise the discretion and enlarge the applicant on regular bail.
This Court has considered following aspects,
(a) applicant is in jail since 08.07.2020;
(b) remand period is over and investigation is almost concluded qua applicant;
(c) it is submitted by learned advocate for the applicant that prima facie ingredients of the alleged offence punishable under Section 306 of IPC are not
made out;
(d) I have considered the allegations levelled against the applicant.
Considering the submissions canvassed by learned advocate for the applicant and in the facts and circumstances of the present case and looking to the
role attributed to the applicant, I am inclined to consider the case of the applicant.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in [2012] 1 SCC 40.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being
C.R.No.1118400620031 of 2020 registered with Kawant Police Station, District Chhotaudepur on executing a personal bond of Rs.10,000/- (Rupees
Ten Thousand only) 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 India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between
11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change
the residence without prior permission of the concerned trial court;
[g] not enter into Kawant Police Station area for a period of four months except for marking presence;
The authorities will shall adhere to its own circular regarding Covid-19 and thereafter release the applicant only if he 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 Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/Authority
through Fax or Email.