KIRITBHAI DAYABHAI NAKUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I179/2012 with Khambhalia Police Station for the offences punishable under Sections 304[B], 306, 498A, 114, etc. of the Indian Penal Code.

(2.) LEARNED counsel for the applicants submits that the investigation is over and the chargesheet is filed and the applicant is in jail since 21.10.2012. It is further submitted that husband and the deceased wife were staying at different places and the applicants are brothersinlaw and that coaccused are enlarged on bail. It is further submitted that considering the nature of allegations, role attributed to the applicants, by imposing suitable conditions, the applicants may be enlarged on bail.

(3.) IN the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicants coupled with the fact that charge sheet is filed, 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 applicants on bail. Hence, the application is allowed and the applicants are ordered to be released on bail in connection with C.R.No.I179/2012 with Khambhalia Police Station on executing a bond of Rs.10,000/ (Rupees ten thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shall;