Rule. Mr. Kogje, learned Addl. Public Prosecutor for the State waives the service.
2.Following aspects are considered :-
(1) Charge sheet is laid.
(2) The applicant is a young boy of 19 years of age, studying in 12th Standard.
(3) The incident has occurred suddenly out of a vehicular accident, resulting into scuffle.
(4) No weapons are alleged to have been used.
(5) No grievous injury is found externally.
(6) The cause of death is head injury where external fracture is absence.
(7) The applicant has no criminal antecedents.
(8) The other two co-accused, slightly younger, dealt with by the juvenile Court have been granted bail.
(9) Three persons collectively are alleged to have assaulted the deceased and the present applicant is alleged to have sustained injury on his fist and other parts of the body to show that he has given fist blow, but that does not carry the prosecution case any further.
(10) It is difficult to read any criminality, prima facie at this stage, which can be exclusively attributed to the applicant to connect him with the offence of murder.
Hence, bail cannot be denied.
3.The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No.I-506 of 2004 of Naranpura Police Station on his executing a bond of Rs.10000/- (Rupees ten thousand only) with one 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 act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark his presence before the concerned Police Station on 1st Monday of every month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court.
4.If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
5.Bail before the lower Court having jurisdiction to try the case.
6.Rule is made absolute.
7.Direct service is permitted.
[ A.L. DAVE, J. ] gt