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Gujarat High Court · body

2016 DIGILAW 1858 (GUJ)

Bayabai W/o Ishaq Arab Koli v. State of Gujarat

2016-09-01

P.P.BHATT

body2016
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being C.R No. I-5 of 2016 registered with Dayapar Police Station, District: Kutch for the offences punishable under Sections 498A, 306, 323 and 114 of the Indian Penal Code. 2. Learned advocate for the applicants Ms. Jaimini Patel appearing for the applicants submits that the applicants were arrested in connection with the above offences and the applicant No. 1 is the mother in law and applicant No. 2 is sister in law of the deceased. It is further submitted that the allegations made in the First Information Report are general in nature, no specific allegations/incidents have been described in the complaint. It is further submitted that the applicants were residing in a separate house. It is also submitted that the investigation is over and charge sheet is submitted, and therefore, there is no possibility of tampering with the evidence. The minor child aged about four years is also in jail with the applicants. It is also submitted that the applicants being lady accused having responsibility towards their family are not likely to run away or abscond, and therefore, their presence can be secured at the time of trial by imposing appropriate conditions. It is therefore submitted that considering the nature of allegations, and the role attributed to the applicants, they may be enlarged on regular bail by imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State as also the learned advocate appearing for the complainant has opposed grant of regular bail looking to the nature and gravity of the offence. 4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5. Regard being had to the above submissions and considering the nature and gravity of accusation made against the applicants in the FIR and other charge sheet papers, as also considering the fact that the applicants being mother in law and sister in law, this Court is of the view that discretion is required to be exercised to enlarge the applicants on regular bail. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with the offence being C.R No. I-5 of 2016 registered with Dayapar Police Station, District: Kutch 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 learned Trial Court and subject to the conditions that the applicants 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 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) furnish latest and permanent 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; (f) deposit a sum of Rs. 25,000/- within a period of one month from the date of their release in the name of the minor child - Dipak in a nationalized bank initially for a period of three years. The said Fixed Deposit shall be renewed for further period till the minor child attains majority. No loan or withdrawal shall be permitted without permission of the court till the child attains majority. (g) cooperate in the trial and remain present before the concerned Trial Court as and when required by the Court. 6. 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 learned 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, learned Trial Court shall not be influenced by the observations' o preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.