[1] 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-74 of 2011 registered with Lakthar Police Station.
[2] It is submitted by the learned advocate for the applicants accused 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. It is also submitted that other co-accused was released on bail by this Court vide order dated 23-2-2012 passed in Cri.Misc.Appln.No.991 of 2012 and hence, applicants be released on bail on parity.
[3] It is alleged that on the basis of suspicion police personnel chased car in which applicant of Cri.Misc.Appln.No.991 of 2012 was travelling. It is further alleged that liquour was carried by the applicants along with other accused. Fire was also made from the car. Police personnel also fired and accused received injuries. Applicants have no past criminal antecedents. In the facts and circumstances of the case and considering the role attributed to the applicants and also the fact that other co-accused was released on bail by this Court vide order dated 23-2-2012 passed in Cri.Misc.Appln.No.991 of 2012, without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed.
[4] Hence, the applicants are ordered to be released on bail in connection with C.R.No.I-74 of 2011 registered with Lakthar Police Station for the offence alleged against them on each of them executing personal bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety each 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 liberty or abuse 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 applicant on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH,J.] radhan Top