This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.243/2011 with Bhuj City Police Station, Kutch for the offences punishable under Sections 325, 326, 307, 506(2), 323, 324 and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.
Learned Counsel appearing for the applicants submits that the matter has been settled between the parties and the applicants were arrested on 16.12.2011 and considering this aspect, the applicants may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
This Court has gone through the medical certificate of the injured person/s which reveal that 5 C.L.W. injuries each were found on the head and on the thigh. Further, a fracture of the middle finger is observed and the injured were discharged from the hospital.
In the facts of this case, this application is allowed and the applicants are ordered to be released on bail in connection with First Information Report registered as Bhuj City Police Station, Kutch, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) EACH with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that they shall;
a) not take undue advantage of liberty or misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender their passports, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for one year only;
f) furnish the present address of their 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 this Court;
g) not enter within the jurisdiction/limits of Bhuj City Police Station, Kutch for one year, except, for the purpose of attending the trial or marking presence.
The authorities will release the applicants only if 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.
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 applicants on bail.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top