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Judgment
A.Y. Kogje, J
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with theI-C.R.No11195050200726 of 2020 registered with Tharad Police Station, Banaskantha of the offence punishable under Sections 306, 323, 506(2) and 114 of the Indian Penal Code.
Learned Advocate appearing on behalf of the applicants 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.
I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
I. The FIR is registered on 05.08.2020 for the offence which is alleged to have taken place on 13..07.2020.
II. The applicants are in jail since 23.11.2020.
III. The investigation is concluded and charge-sheet is filed.
IV. The case where the husband of applicant No.1 committed suicide and prior to suicide has recorded video message in his mobile phone which is treated as suicide note, wherein he has disclosed that it is on account of harassment by the applicants that he has committed suicide.
V. Submission of learned advocate for the applicants that the applicant No.1 wife had filed complaint under Section 498A of IPC against the deceased and his family members for harassing the applicant No.1 and in fact charge-sheet is also filed in that offence. The applicant Nos.2 and 3 are sister and brother of the applicant No.1 respectively and therefore, arraigned as an accused.
VI. Submission of learned advocate for the applicants that FIR is registered almost after 22 days after the incident.
VII. No antecedents against the applicants as per learned advocate for the applicants.
VIII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, 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 I-C.R.No11195050200726 of 2020 registered with Tharad Police Station, Banaskantha 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a 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 Trial 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 applicant on bail.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.