Divyesh A. Joshi, J
1. Rule. Learned APP waives service of notice of Rule for and on behalf of respondent – State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith C.R.No.11208003231132 of 2023 registered with Gandhigram - 2 (University) Police Station, Rajkot City for the offence punishable under Sections 306 and 498A of the Indian Penal Code.
3. Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. It is submitted that the incident is registered on 18.10.2023 and applicant is arrested on 21.10.2023 and since then he is in judicial custody. Learned advocate for the applicant further submits that in fact initially there was engagement made by the members of both the families and thereafter applicant accused has eloped with the deceased and they have started residing under one roof as husband and wife. It is submitted that due to the said act and action on the part of the applicant accused and deceased, the parents of the deceased started to stop talking with them. Learned advocate for the applicant further submits that thereafter, after lapse of period of one year, the present incident occurred and as soon as the applicant has come to know about the incident of ingestion of poisonous substance by the deceased, immediately she was shifted to the hospital and informed her parents. Despite the said fact, they have not turned up to see the condition of their daughter and in the FIR they had alleged against the applicant accused that he is not permitting the deceased to meet and/or talk to her family members. The said facts are quite contrary to each other. Except that no any specific allegation is levelled against the applicant accused. Considering the aforesaid factual aspects, applicant may be enlarged on bail.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that applicant is arrested on 21.10.2023 and since then he is in judicial custody. The investigation is concluded and charge-sheet is filed. Thus, considering the aforesaid factual aspects and role played by the applicant accused at the time of commission of crime, I am inclined to consider this application.
7. This Court has also 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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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 applicant on regular bail.
9. Hence, the present application is allowed and the applicant is ordered to be released on regularbailinconnectionwith C.R.No.11208003231132 of 2023 registered with Gandhigram - 2 (University) Police Station, Rajkot City, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 liberty or misuse liberty;
[b] not act in a manner injuries 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 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;
10. The authorities will release the applicant only if he is 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.
11. 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.
12. The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted.
