1. Heard learned advocate Mr.Gondaliya for the applicant and learned Additional Public Prosecutor Ms.Shah for the respondent - State.
2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with FIR being C.R. No.11211024210196 of 2021 registered with Zinzuwada Police Station, Dist.Surendranagar for offences punishable under Sections 302, 323, 324, 504, 201 and 114 of the Indian Penal Code and Section 135 of G.P. Act.
3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is Page 1 of 5 Downloaded on : Fri Apr 21 20:55:18 IST 2023 R/CR.MA/1589/2023 ORDER DATED: 21/04/2023 required to be enlarged on regular bail by imposing suitable terms and conditions.
4. On the other hand, learned APP appearing for the respondent - State vehemently submits that, the offences which have been charged are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.
5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-
(i) the applicant is in jail since 04.09.2021;
(ii) the investigation is over and the charge-sheet is filed;
(iii) the only role attributed to the present applicant is that he caused knife injuries to witness and her mother which has not resulted into death of anyone;
(iv) the fatal blow was given by the accused no.1 and not by present applicant;
R/CR.MA/1589/2023 ORDER DATED: 21/04/2023
(v) the co-accused viz. Umiyaba Randhirsinh Zala is released on regular bail by the coordinate bench of this Court vide order dated 09.02.2022 passed in Criminal Miscellaneous Application No.2025 of 2022 whereas another co-accused viz. Takhiba Bhikhubha Zala is released on regular bail by coordinate bench of this Court vide order dated 05.04.2022 passed in Criminal Miscellaneous Application No.4044 of 2022;
(vi) though the trial is commenced, according to learned advocate Mr.Gondaliya there are 46 witnesses and therefore trial yet will take its own time;
(vii) no past antecedent is attributed to the present applicant
6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11211024210196 of 2021 registered with Zinzuwada Police Station, Dist.Surendranagar on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Page 3 of 5 Downloaded on : Fri Apr 21 20:55:18 IST 2023 R/CR.MA/1589/2023 ORDER DATED: 21/04/2023 Trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions Judge concerned;
[e] furnish latest 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 the trial Court;
[f] mark presence before the concerned police station in the first week of every month till the trial is over;
7. The Authorities will release the applicant only if the applicant is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of Page 4 of 5 Downloaded on : Fri Apr 21 20:55:18 IST 2023 R/CR.MA/1589/2023 ORDER DATED: 21/04/2023 the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIRZAR S. DESAI,J) MISHRA AMIT V.