[1] As all the applications arise out of common C.R.Number, they are disposed of by this common order.
[2] By way of present applications, 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-1 of 2012 registered with Prantij Police Station, District - Sabarkantha for the offence under sections 143, 147, 148, 149, 323, 324, 326, 307, 337, 452, 504, 120(B) of the Indian Penal Code and under section 135 of Bombay Police Act.
[3] It is submitted by the learned advocate for the applicants accused that charge sheet is filed. It is also submitted that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail. It is further submitted by the learned advocates appearing for the respective applicants that injured is discharged from the hospital in the month of January and condition of the injured is good.
[4] Heard learned advocates for the respective parties. This Court has gone through the complaint. Injured was discharged from the hospital in the month of January. At present condition of the injured is good and he is doing routine work of agriculture. Considering this facts and role attributed to the applicants 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.
[5] Hence, the applications are allowed. The applicants are ordered to be released on bail in connection with C.R.No.I-1 of 2012 registered with Prantij Police Station, District - Sabarkantha for the offence alleged against them on each executing personal bond of Rs.20,000/- (Rupees twenty 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) mark presence before the concerned Police Station on every 1st of English Calender month between 11.00 a.m. and 2.00 p.m. for six months.
e) not enter jurisdictional area of Village - Morwad, Taluka - Prantij for six months except for marking presence and attending trial.
f) not act in a manner injurious to the interest of the prosecution;
g) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
h) 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;
i) surrender passport, if any, to the lower Court within a week.
[6] 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.
[7] 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 applications.
Direct service is permitted.
[M.D.Shah, J.] satish Top