Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 14.08.2011.
Heard learned APP for the respondent - State.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, and the fact that from the papers of charge sheet, it reveals that the present applicant was present at the place of incident with knife along with other accused but nothing has come out to show that he gave injuries with knife to the deceased and it reveals that the other accused Bipin and Alpesh gave blows with gupti and knife on vital parts of the body of the deceased and that the present applicant did not have any criminal past coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-350 of 2011 of Amraiwadi Police Station, District Ahmedabad for the offences punishable under sections 302, 294(B) and 114 of the Indian Penal Code and Section 135(1) of the B.P.Act, on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
It is clarified that this order will not come in any way while deciding the application for bail of other accused, if preferred.
At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top