1. The present application has been filed by the applicants for grant of regular bail under Section 439 of Code of Criminal Procedure, 1973 after the charge-sheet is filed.
2. The applicants accused are charged with having committed offences under Sections 143, 147, 148, 149, 395, 452, 332, 120(B), 336, 337, 427, 504 of I.P.Code and Section 135 of Bombay Police Act for which FIR, being I C.R.No. 108 of 2010, has been registered with Karelibaug Police Station, Vadodara.
3. Learned Counsel Mr. P.M.Lakhani referred to the papers and submitted that as now the charge-sheet has been filed, considering the nature of offence and the role attributed, present application may be allowed. He submitted that though the applicants are alleged to have been attributed with weapon (sward), no injury has been caused and the allegations are with regard to only damage to the property and the applicants were present in the mob only. He, therefore, submitted that the present application may be allowed.
4. Learned APP Ms. M.L.Shah resisted the application.
5. In view of the rival submissions, it is required to be considered whether the present application can be entertained or not. It is well accepted that this Court is not required to appreciate or scrutinize the evidence in detail at this stage.
5.1. However, for considering the prima facie case, the relevant aspects like, nature/gravity of offence, manner in which it is alleged to have been committed, role attributed, weapon used, are required to be considered. Considering the facts of the present case, as it transpires, the applicants are alleged to have been armed with sward and stick but they have not attributed with any injury or any further role and the allegations are with regard to damage to the property. Therefore, having regard to the facts and circumstances and also the fact that charge-sheet has, now, been filed, present application deserves to be allowed subject to the conditions hereinafter.
6. Accordingly, present application stands allowed. The applicants are ordered to be released on regular bail in connection with the F.I.R. being I C.R.No. 108 of 2010 registered with Karelibaug Police Station, Vadodara, on their executing a bond of Rs.5,000/- (Rupees Five Thousand) each with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:
(a) not take undue advantage of their liberty or abuse their liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate with the investigating officers.
(e) mark their presence before concerned Police Station on 1st Monday of every month of English calender between 11:00 AM to 2:00 PM till the trial commences;
(f) furnish the 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 their residence without prior permission of the Court.
(g) surrender their passport, if any, to the lower Court, within a week.
7. If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
8. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) jani Top