Applicants-accused have has preferred this application under Section 439 CrPC for grant of regular bail in connection with complaint being I-C.R No. 41 of 2012 registered with Kalyanpur Police Station for the offences punishable under Sections 307, 325, 324, 386, 387, 506 (2), 504, 143, 147, 148, 149 IPC r/w. Section 135 (1) of the Bombay Police Act.
Learned advocate Shri Premal S Rachh fervently urged that the victim in the alleged incident has already been discharged from the hospital and is back to his normal routine. He further urged that the investigation in the matter is almost over and there is no likelihood of applicants jumping the bail as they are businessmen and have permanent residence at Jamnagar. He also submitted that the applicants-accused have no criminal antecedents, and therefore, considering the nature of allegations and the role attributed to the applicants; by imposing suitable conditions, the applicants may be enlarged on bail.
Learned APP Shri MG Nanavati urges that the investigation is already over and he does not dispute the submissions of otherside.
On having heard learned advocate for the applicant as well as learned APP Shri MG Nanavati for the respondent-State and considering nature of allegations; role attributed to the accused, coupled with the fact that the applicants are permanent residents of Jamnagar and having their business there, this Application is allowed.
Applicants are ordered to be released on bail in connection with C.R. No.I-41 of 2012 registered at Kalyanpur on executing a bond of Rs. 20,000/- (Rupees Twenty thousand only) each with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that they shall;
(a) not to tamper with the witnesses in any mode or manner;
and not to commit any act contrary to law;
(b) not to enter the place of incident ie., Kalyanpur;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave Gujarat & India without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the 1st and 15th of every English Calender month between 11.00 a.m & 3.00 p.m.;
(f) furnish present address of 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;
The jail authorities will release the applicants only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court concerned will be at liberty to issue warrant, or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicants will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
The trial court shall not be influenced by the observations of preliminary nature made, while enlarging the applicants on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Ms.
Sonia Gokani, J.) Prakash* Top