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Judgment
This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I- 42/2017 with Surendranagar City "B" Division Police Station, Surendranagar for the offences punishable under Sections 498A, 376, 354, 506(1), 294(B) and 114 of the Indian Penal Code.
Learned Advocate appearing on behalf of the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
On the other hand, the learned Additional Public Prosecutor appearing for 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 a further reasoned order.
I have heard the learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The investigation has concluded and the chargesheet is filed;
II) The applicant No.1 is the husband and against him, no serious offences surface as far as Section 376 of the Indian Penal Code is concerned;
III) The applicant No.2 is the father of the main accused and against him, no allegations surface as far as Section 376 of the Indian Penal Code is concerned;
IV) The main accused - Sanjaybhai Saratbhai Parmar has been enlarged on regular bail by the Co-ordinate Bench of this Court by an order dated 30.11.2017 passed in Criminal Miscellaneous Application No.28464/2014 and;
V) Hence, on the ground of parity, this application is considered.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra
v. Central Bureau of Investigation reported in [2012] 1
SCC 40.
In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.
Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with C.R. No.I-42/2017 with Surendranagar City "B" Division Police Station, Surendranagar on executing a personal 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 before the concerned Police Station on alternate Monday 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 their 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 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.
The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct Service is permitted.