1.Rule. Mr.A.Y.Kogje learned Addl. Public Prosecutor for the State waives the service.
2.Heard learned advocate Mr.Brahambhatt for the applicants and Mr.A.Y.Kogje learned APP for the respondent - State.
3.Following aspects are considered :
(i) Injured persons are discharged from hospital and there is no risk to their life on account of injuries caused in the alleged incident;
(ii) The incident occurred all of a sudden; and
(iii) The applicants have no criminal antecedents.
In light of the above, bail cannot be denied to the applicants.
4.Considering the submissions made on behalf of the parties and having regard to the circumstances and facts of the case, the application is allowed and the applicants are ordered to be released on bail in connection with Crime Register No.I-379 of 2004 of Nadiad Town Police Station on their executing a bond of Rs.10,000/- (Rupees ten thousand only) each with one surety each 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 act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark their presence before concerned Police Station on first Sunday every odd numbered English calendar 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 Judge concerned;
(f) furnish the address of their residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
5.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.
6.Bail before the lower Court having jurisdiction to try the case.
7.Rule is made absolute. Direct service is permitted.