Udesinh Mafatsinh Vaghela vs State Of Gujarat

A.J. Desai, J

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at I-C.R. No. 29 of 2019 with Agathala Police Station, District Banaskantha, for the offences punishable under Sections 302, 307, 326, 452 of the Indian Penal Code read with Section 135 of the Gujarat Police Act and Sections 306 and 114 of the Indian Penal Code.

Learned advocate for the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

The learned APP opposes the grant of bail looking to the nature and gravity of offences.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocate Mr. Ashish M. Dagli for the applicants, Mr. Hriday Buch, learned advocate appearing for the original complainant and Ms. Krina Calla, learned Additional Public Prosecutor appearing for the respondent-State. I have perused the papers of investigation. Prima-facie it appears from the record that one Karsanji Sonaji Patel had committed murder of his wife, two sons and daughter and has thereafter tried to commit an act to suicide. It is a case of the prosecution that the present applicants were threatening the son of the murderer and hence the applicants are charged with Section 306 of the Indian Penal code. Hence, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail. Hence, the application is allowed and the applicants are ordered to be released on bail in connect ion with I-C.R. No. 29 of 2019 with Agathala Police Station, District Banaskantha, on executing a bond of Rs. 10,000/-(Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 every Monday of each English Calendar month for a period of three months and thereafter any day of the first week of every English calendar month for a period of six months between 11.00 a.m. and 2.00 p.m., till the trial is over;

[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 applicants only if they are 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 observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail.

Rule made absolute to the aforesaid extent.