Bhanuben Rathod vs State of Gujarat

Anant S. Dave, J.—This application is filed u/s 439 of the Code of Criminal Procedure in connection with First Information Report

registered as I-C.R. No. 138/2012 with Thorala Police Station, Rajkot for the offences punishable under Sections 302, 323 and 114 of the Indian

Penal Code. Learned Counsel appearing for the applicant submits that the investigation is over and the chargesheet is filed. It is further submitted

that the applicant is a female accused; she is attributed of giving kick and fist blows after about two and half hours of the first incident in which the

accused No. 1 and 2 had given blows and inflicted injuries on the deceased. It appears that the accused No. 1 and 2 happen to be the main

accused and the injured person succumbed to these injuries later on. Considering the role attributed to the applicant herein, it is submitted that she

may be enlarged on bail.

Heard learned APP Mr. Maulik G. Nanavaty for the respondent-State.

Having heard learned Counsels for the parties, perusing the record of the case and taking into consideration the facts of the case, nature of

allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.

Learned Counsels for the parties do not press for further reasoned order.

In the facts and circumstances of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First

Information Report registered as I.C.R. No. 138/2012 with horala Police Station, Rajkot, on executing a 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 she 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 her 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 the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;

f) furnish the present address of her 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 applicant only if 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.

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. Rule made absolute. Direct Service is permitted.