1. This is an application for regular bail. There are two applicants.
2. Rule. Learned Additional Public Prosecutor waives rule for the State.
3. The applicants accused are in judicial custody in connection with C.R.- I No.53 of 2014 registered with the Paliyad Police Station, District : Botad (earlier District : Bhavnagar) for the offences punishable under Sections 302, 324 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
R/CR.MA/6111/2015 ORDER
4. Learned advocate for the applicants has taken this Court through the material on record and has submitted that the applicant be enlarged on regular bail by imposing suitable conditions.
5. Learned Additional Public Prosecutor for the State has opposed grant of regular bail.
6. Considering the totality this Court finds that, this application needs to be allowed by exercising powers under Section 439 of the Code of Criminal Procedure, 1973 to direct that the applicants accused be released on bail, on certain conditions noted below. Learned advocates for the respective parties request not to record reasons for this, so that it may not prejudice the prosecution at the time of trial. The following factors are considered. (i) charge sheet is filed, (ii) the offence in question can be seen broadly in two parts, one is of Section 302 and Second is of Section 307. So far the commission of offence under Section 302 is concerned, prima facie, the present applicants can not be attributed with any major role,
(iii) it is also indicated that the complainant and victim are having field adjoining to each other. Six adult male members of one family are named as accused, (iv) by this time, two persons are enlarged on bail. In totality, discretion needs to be exercised in favour of these two applicants.
7. In view of above, the following order is passed.
7.1 This application is allowed.
7.2 Both the applicants accused are ordered to be released Page 2 of 4 R/CR.MA/6111/2015 ORDER on regular bail in connection with C.R.-I No.53 of 2014 registered with the Paliyad Police Station, District : Botad (earlier District : Bhavnagar) on their executing personal bond of Rs.10,000/- (Rupees Ten Thousand only) each, with one surety of the like amount to the satisfaction of the trial Court and subject to the further conditions that the accused :-
[a] shall not misuse this liberty or take undue advantage of it in any manner, and [b] shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or temper with the evidence, and shall not commit an offence similar to the offence of which they are accused, and [c] shall make themselves available at the time of trial.
7.3 The jail authorities shall release the applicants only if they are not required in connection with any other offence for the time being.
7.4 If breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in accordance with law.
7.5 Bail bond be executed before the lower Court having jurisdiction to try the case.
observations made by this Court while recording this order.
7.7 Rule is made absolute. Direct service is permitted.
(PARESH UPADHYAY, J.) M O Bhati/128 Page 4 of 4