Under which circumstances the court can release accused prosecuted for an offence U/S 307 of IPC on bail?

 Learned APP has objected the prayer

for bail on the ground of the involvement of

the applicant being borne from the FIR,

statement of the injured and eye witnesses. It

is submitted that during the course of

investigation, a Sword was recovered from the

house of the applicant. Learned APP contended

that considering the manner in which the crime

has taken place, the prayer for bail may be

negatived. It is her submission that co-accused are 

having previous antecedents.

2. Though the submissions made by the

learned APP are in consonance with the

material in the charge sheet, still

considering the fact that the offence alleged

is not exclusively punishable with death or

imprisonment for life, the prayer for bail

deserves consideration. The prayer deserves

consideration in view of the fact that

investigation is complete and charge sheet has

been filed and the learned APP has stated that

the injured being out of danger and no gainful

purpose would be served by keeping the

applicant behind the bar. The facts and

circumstances of the crime are also of not

such nature for not accepting the prayer for

bail for the offences which are not punishable

with sentence as stated here in above. It will

deserve consideration as the apprehension

expressed by the learned APP of being

likelihood of tampering prosecution witnesses

can be taken care of by imposing suitable

conditions.

3. In view of the above, the applicant is

directed to be released on bail in connection

with C.R.No.54 of 2014 registered with the

Bund Garden Police Station, Pune for the

offences punishable under Sections 307, 323,

504, 506 r/w.34 of the Indian Penal Code upon

executing a P.R.Bond in the sum of Rs.50,000/-

with two solvent sureties in the like amount

on the following conditions.

(I) The applicant after release shall not

enter Pune District until further orders.

However, the applicant is permitted to attend

Pune city only for the limited purpose of

attending the Court on the dates fixed in case

against him.

(II) The applicant shall inform his address

to the investigating officer and shall not

change the same without prior permission of

the trial Court and shall attend the concerned

police station for the relevant area on every

alternate Monday.

(III) The applicant shall not indulge in any

activity of tampering the prosecution material

and/or intimidating, coercing, threatening or

pressurizing the prosecution witnesses.

(IV) The applicant shall not misuse the

bail granted to him by this order for

committing any other offence.

4. Accordingly, the Bail Application

stands disposed of.

 (P.D.KODE, J.)