Bail may be granted on humanitarian grounds, even in serious cases, considering the applicant's age and the completion of the investigation, provided strict conditions are imposed.

ORDER :

(M. R. MENGDEY, J.)

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11196003250072 of 2025 registered with Manjalpur Police Station, Vadodara

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the applicant happens to be the husband of the first informant and due to some matrimonial dispute, the incident alleged in the FIR had taken place wherein the applicant herein had fired upon the victim and still 32 pellets are lying in the body of the victim, which are yet to be taken out and because of the old age of the victim, the said is not possible. He, therefore, submitted to dismiss the present application.

5. Learned advocate for the original complainant has also opposed the present application, inter alia, contending that even prior to the incident, the present applicant had subjected the first informant-victim to physical and mental torture. He had fired 55 shots upon the victim and some pellets are still lying in the body of the victim. He further submitted that the applicant is not paying the arrears of maintenance to the first informant-wife. He also submitted that if the applicant is ordered to be enlarged on bail, some untoward incident may take place. He, therefore, submitted to dismiss the present application.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. The age of the present applicant is 80 years. Having regard to the age of present applicant, only on humanitarian ground, the present application deserves consideration.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, on executing a personal 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

(g) not enter the area of Manjal Police Station for the period of six months except for the purpose of marking presence before the concerned Police Station and attending the trial proceedings.

10. 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 wil