Jitendra Babubhai Roy vs State of Gujarat

Z.K. Saiyed, J.—This application is filed u/s 439 of the Code of Criminal Procedure by the applicant who has been arrested in connection with C.R. No. I - 179 of 2009 registered with Mahidharpura Police Station, for the offence punishable under Sections 302, 498 and 114 of the Indian Penal Code.

Learned advocate for the applicant submitted that the applicant is an innocent person and a false case is foisted on him. He submitted that the charge-sheet is already filed against the present applicant. He submitted that the statement of the son of the deceased is also recorded by the Investigaing Officer. He submitted that from the statement of the son, it appears that there is no allegation made by this witness against the present applicant. He submitted that from the papers, it is established beyond reasonable doubt that between which period the cruelty is imposed by the applicant upon the deceased. He submitted that considering the role attributed to the applicant and reflected in the FIR at Annexure ''A'' to the application, this is a fit case to enlarge the applicant on regular bail.

As against the aforesaid, learned APP submitted that the statemetn of brother-in-law of the applicant is also recorded. He submitted that from the statement of brother-in-law of the applicant, it appears that the cruelty which was imposed by the applicant is prima facie established. Learned APP submitted that considering the role played by the applicant, no discretionary relief can be granted to the applicant, and the application deserves to be dismissed.

Having heard the rival submissions of learned advocates. I have also gone through the statements of the son and brother-in-law of the applicant, it appears that the son of the applicant was unable to say that what happened with his mother and when she came to the applicant. Having considered the role attributed to the applicant and reflected in the FIR at Annexure A, the quantum of punishment etc. and gravity of offence, I am of the view that the applicant is required to be enlarged on regular bail at this stage on stringent conditions, without entering into the merits of the case and without discussing the evidence in detail.

The parties do not press for further reasoned order.

In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with C.R. No. I - 179 of 2009 registered with Mahidharpura Police Station, on his 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 he shall:

[a] not take undue advantage of his liberty or abuse his liberty;

[b]. not act in a manner injurious to the interest of the prosecution;

[c]. surrender his passport, if any, to the lower court within a week;

[d]. not leave the State of Gujarat without the prior permission of the Sessions court concerned;

[e]. furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of this Court;

[g]. maintain law and order.

If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to 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 is made absolute to the aforesaid extent. Direct Service is permitted.