1. Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 18.02.2012. Learned advocate for the applicant took this Court through the remand report wherein it is specifically stated by the Investigating Officer that after three accused persons committed injury to the deceased person, the present applicant came on motor cycle no.140 and he did not go in the Verna car wherein the other accused who committed injury with knife to the deceased ran away.
2. Heard learned APP for the respondent - State and learned advocate Mr.Ansari for the original complainant.
3. It is vehemently argued by learned advocate Mr.Ansari that blood stains of the deceased were found on the clothes of the applicant. He also submits that the present applicant facilitated the other accused in committing the crime of murder by using knife and shouting loudly and did not allow anybody to rescue the deceased person.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, the fact that it is not the case of the prosecution that present applicant caused any injury to the deceased with knife but only allegation is that by shouting and by pointing knife to the other persons, he did not allow the other persons to rescue the deceased coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-28 of 2012 of Sarkhej Police Station, District Ahmedabad (Rural)for the offences punishable under sections 302, 324, 506(2) and 34 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st day of English Calender month between 11.00 a.m. and 2 p.m for one year;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence 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 immediately.
[h] not enter into Ahmedabad for six months except for marking presence and for attending the trial.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top