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Judgment
M. R. Mengdey, J
Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of the respondent-State of Gujarat.
Learned advocate Ms. Aishwarya Chaudhary upon instructions seeks permission to appear on behalf of the original first informant. Permission as prayed is granted. Registry, is directed to accept her Vakalatnama.
The Applicant Meghna W/O Harkishan Harshadbhai Buddhabhatti (SONI) has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11205043230118 of 2023 registered with B Dvision, Bhuj, Kachchh West-Bhuj Police Station, for the offences punishable under Sections 306, 294(b), 504 and 114 of the Indian Penal Code.
Heard learned Advocate Mr. Darshan M Varandani for the Applicant and learned APP Mr. Himanshubhai Patel for the Respondent – State.
Submission of the Parties:
Learned Advocate for the Applicant / Accused has submitted that role atrtributed to the present applicant in committing offence in question is to the effect that applicant and her husband had driven out the deceased out of the house, said incidnet taken place much prior to the incident of deceased committed suicide. He further submitted that at the date of incident deceased had some altercation with co-accused who is the husband of the applicant, when applicant was not presented at the same time. He submitted that investigation of the offence is over and charge-sheet is already filed. Therfore, submitted to allow the present application.
Per contra, learned APP has vehemently opposed the present application for grant of regular bail, interalia contending that deceased in her dying declaration has clearly indicated present applicant and successive role attributed to the applicant in the dying declaration. Therefore, submitted to dismiss the present application.
Learned advocate Ms. Aishwarya Chaudhary for the original first informant also oppose the applicantion, interalia contending that there were constant incidnets of the applicant and her husband of threatening deceased and her family to handover the possession of the house in question. Dying declaration clearly indicates presesnt applicant in commiting offence. Therefore, submitted to dismiss the present application.
Merits of the Case:
This court has considered the following aspects:
(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 09.02.2023
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
Having Heard learned advocates for the parties and perused the record at the outset, investigation is over and charge-sheet is filed. From the record it appears that on the day of incident in the morning there was some altercation between the deceased and the present applicant. Prima-facie it appears said incident had drived the deceased to commit suicide, role which is attributed to the present applicant is of driven out deceased out of the house. The incident alleged against the applicant appears to much before the day of alleged incident. Considerin the same present application deserves to be allowed, accordingly allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect.
Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being.
At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
Rule is made absolute. Direct service permitted.