1. Present application has been filed by the applicant for grant of regular bail under Section 439 of Cr.P.C.
2. The applicant accused is charged with having committed offences under Sections 326, 506(2) of the Indian Penal Code and under Section 37(1), 135 of B.P. Act for which F.I.R. being CR No.I-118/2010 has been registered with Gondal Taluka Police Station, District: Rajkot (Rural).
3. Learned Advocate Mr. B.S.Patel referred to the FIR and submitted that the incident has occurred on a small quarrel and therefore considering the nature of offence, present application may be allowed.
4. Learned APP Mr.Mengdey resisted the application and submitted that he has assaulted with the sword though he is stated to be Poojari in the temple. He further submitted that there are other offences against the applicant also.
5. Having heard the learned Counsel Mr. B.S.Patel and APP and having considered the nature of offence, role attributed and also considering the injury caused to the victim, the present application deserves to be allowed subject to the conditions hereinafter.
6. Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with the F.I.R. being CR No.I-118/2010 registered with Gondal Taluka Police Station, District: Rajkot (Rural), on his executing a bond of Rs.5,000/- (Rupees Five Thousand) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his 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 his presence before concerned Police Station on 1st Monday of every month of English calender between 11:00 AM to 2:00 PM till the charge sheet is filed;
(f) furnish the 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 his residence without prior permission of the Court.
(g) surrender his 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