Chatrasinh @ Lalo Vakhatsinh Zala v. State of Gujarat
2017-09-04
G.R.UDHWANI
body2017
DigiLaw.ai
ORDER : G.R UDHWANI, J. 1. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code for which FIR came to be registered at C.R No. I-6 of 2017 with Rakhial Police Station. 2. Learned counsel for the applicant has taken this Court to the panchnama of scene of offence to point out that the deceased had met with an accident while making the tea. He drew attention of this Court to the reference made in the Panchnama to the fact that the parts of the Primus were scattered all over suggesting the occurrence of the accident. Learned counsel for the applicant also drew attention of this Court to the medical history in the injury certificate given by the deceased herself stating that on account of the accident, while preparing tea, she received the burn injuries. He also draws attention to the relevant fact in the medical certificate that all the burns received by the deceased on account of the said accident were superficial. It was contended that there was no iota of evidence suggesting of suicide. 3. On the other hand, learned Additional Public Prosecutor has drawn attention of this Court to the fact that the accused had illicit relation with another lady on account of which there used to be quarrels frequently between the couple and at one point of time, the father-in-law of the deceased executed an affidavit depriving the applicant of all the rights in his property and ensuring the rights of the deceased and her children therein. The bail application is thus, opposed by the learned app. 4. Having considered the rival contentions, and without assigning the detailed reasons as the parties do not invite the same, this Court on consideration of over all circumstances of the case, is inclined to exercise the discretion in favour of the applicant and admit him to bail. 5. Hence, this application is allowed and applicant is ordered to be released on bail in connection with I-CR No. 6 of 2017 registered with Rakhial Police Station on executing a bond of Rs.
5. Hence, this application is allowed and applicant is ordered to be released on bail in connection with I-CR No. 6 of 2017 registered with Rakhial Police Station on 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 liberty or misuse 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 territory of India without prior permission of the Sessions Judge concerned; (e) mark presence in the concerned police station once in a calendar month. (f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court. 6. The competent authority will release the applicants only if he is not required in connection with any other offence for the time being. 7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 8. Bail bond to be executed before the lower court having jurisdiction to try the case. 9. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 10. 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 applicants on bail. 11. Rule made absolute to the aforesaid extent. Direct service is permitted.