Yunus vs State

1. This application under Section 439 of the Code of Criminal Procedure, 1973 is preferred seeking regular bail by the applicant, who came to be arrested in connection with FIR registered as C.R. No. I-169 of 2009 with Panch 'B' Division Police Station, Jamnagar City for the offence punishable under Sections 498.A and 306 of the Indian Penal Code.

2. Learned advocate Mr. Dholkia submitted that considering the role attributed to the applicant in the FIR, this is a fit case to release the applicant on regular bail. He submitted that the allegations are of a general nature and no specific role is attributed to the applicant. He submitetd that considering the fact that the investigation is already over and charge sheet is filed, the applicant is required to be released on regular bail.

3. Learned Addl. Public Prosecutor Mr. Sejpal while opposing bail application submitted that considering the role attributed to the applicant and the manner in which the offence is committed, discretionary relief may not be exercised in favour of the applicant, and the application deserves to be dismissed.

4. Having considered the rival submissions of learned counsel appearing for the respective parties, and having perused the averments made in the application as well as the FIR produced on record, I am of the view that the allegations are of a general nature. Considering the role alleged against the applicant, the quantum of punishment and that charge sheet is filed after investigation being over, I am of the view that the the applicant is required to be enlarged on regular bail at this stage, without entering into the merits of the case and without discussing the evidence in detail.

5. The parties do not press for further reasoned order.

6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with C.R. No. I-169 of 2009 with Panch 'B' Division Police Station, Jamnagar City 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 his liberty or abuse his 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 State of Gujarat without the prior permission of the Sessions court concerned;

[e]. mark his presence at Panch 'B' Division Police Station, Jamnagar City on any day of every first week of English calendar month between 9.00 AM and 2.00 PM. till the trial is over;

[f]. 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 his residence without prior permission of this Court;

[g]. maintain law and order.

7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.

8. Bail bond to be executed before the lower Court having jurisdiction to try the case.

9. 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.

10. Rule is made absolute to the aforesaid extent.

11. Direct Service is permitted.