1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-63 of 2011 registered with Rapar Police Station, Kutchh for the offences u/s. 143, 147, 148, 149, 323, 324, 337, 302, 504 and 34 of the IPC.
2. Heard Mr.Jayesh A. Dave, learned counsel for the applicants. He has submitted that present applicants have not played any role nor caused any injuries to the deceased or other injured but falsely involved by saying that they pelted stones. He has submitted that the cause of this incident is shown that before five years the elder brother of complainant has some dispute with Kesha Koli, but looking to the age of Kesha Koli he was only 14 years and, therefore, the motive alleged for the present incident is doubtful. He has submitted that complainant has involved present applicants only with a view to see that no family member should be left out and role of pelting stone is attributed to them. He has submitted that the applicants will be available during the trial and they will not temper with the evidence. He has therefore prayed that present applicants may be enlarged on bail.
3. Heard Ms.Chetna Shah, learned APP for the respondent State. Ms.Shah has vehemently opposed the present application. She has read papers and order of the learned Judge and submitted that serious offence is committed by the present applicants. She has prayed to reject bail application of the present applicants.
4. I have perused Medical Certificate. The injured persons are discharged from the hospital. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicants.
5. Considering the above, this Application is allowed. The applicants are ordered to be released on bail in connection with CR No.I-63 of 2011 registered with Rapar Police Station, Kutchh for the offence alleged against them in this Application on their executing a Bond of Rs.10,000/- (Rupees ten thousand only) each 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 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 country without the prior permission of the concerned Sessions Judge;
f) furnish the address of their residence to the I.O. 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 their passport, if any, to the lower Court within a week.
6. If the breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
7. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top