[1] As both the applications arise out of common C.R.Number, they are disposed of by this common order.
[2] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with C.R.No.I-115 of 2011 registered with Langnanj Police Station, District - Mehsana.
[3] It is submitted by the learned advocate for the applicants accused that charge sheet is filed. It is submitted that total name of eleven names were disclosed and out of them six names were dropped by the police as they were not identified. It is also submitted that applicants are young boys. There are no past criminal antecedents. It is further submitted that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail. It is also submitted that the applicants are in jail.
[4] Heard learned advocates for the respective parties. There is no direct evidence against the applicants accused in reference to injury caused to the deceased. It reveals from the papers that witnesses have seen applicants who ran away from the spot. In the facts and circumstances of the case and now the charge-sheet is filed, without entering into the merits of the case this Court is of the opinion that the applications deserve to be allowed.
[4] Hence, the applicants are ordered to be released on bail in connection with C.R.No.I-115 of 2011 registered with Langnanj Police Station, District - Mehsana for the offence alleged against them on each executing personal bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial 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 pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of residence to the Investigating Officer and also to the Court 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 within a week.
[5] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[6] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicants on bail. Rule is made absolute to the aforesaid extent in each of the application.
Direct service is permitted.
[M.D.Shah, J.] satish Top