1. Rule. Learned APP waives service of Rule.
2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I-101 of 2010 with Kamlabaug police station for the offences punishable under Sections 363, 366 and 276 of the Indian Penal Code.
3. Heard learned counsel for the parties and perused the record.
4. The learned counsel for the applicant submits that the investigation is over and charge sheet is filed. Considering the statement of victim, Hetalben, dated 28.10.2010 and other attending circumstances, this application for bail may kindly be considered.
5. The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence. In the facts and circumstances of the case and considering the nature of allegations, role attributed to the applicant and the statement of victim, Hetalben, dated 28.10.2010 and other attending circumstances, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
6. The parties do not press for further reasoned order. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at C.R.No.I-101 of 2010 with Kamlabaug police station on his executing a bond of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that he shall
i. not take undue advantage of his liberty or misuse his liberty; ii. not act in a manner injuries to the interest of the prosecution; iii. surrender his passport, if any, to the lower court within a week; iv. not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
v. mark his presence at the concerned police station on the first Sunday of every month between 10 a.m. And 3 p.m for three months only.
vi. furnish the present address of his residence to the I.O. 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;
7. 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.
8. 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. D.S. Permitted.