Learned advocate seeks permission to withdraw this Application; as far as applicant No.2 is concerned.
As far as applicant Nos. 1, 3 and 4 are concerned, they are under-trial prisoners involved in the offence punishable u/s. 323, 324, 504, 506 (2) and 114 of IPC r/w section 135 of the Bombay Police Act registered with Veraval Police Station being I.CR No. 34 of 2012 on 12th May, 2012.
Learned advocate appearing for the applicant urges that investigation is at penultimate stage; the injured has been already discharged from the hospital; and there are no criminal antecedents against any of these applicants and the nature of injuries sustained by the victim; as per medical certificate also, do not show any seriousness.
Learned APP does not dispute on this aspect. Learned advocate Mr. Harnish Darji appearing for the complainant also does not dispute the fact of discharge . However, he is the alternative submission requests that if this Court deems it fit to grant regular bail to the applicants herein the same should be with stringent conditions only.
On having heard learned advocates for the respective parties and on having considered the fact that the victim is already discharged from the hospital and is leaving a normal life, this application for grant of bail can be considered particularly when the investigation in the matter is almost complete and as there is no challenge to their availability at the time of trial, particularly considering the nature of the crime and the roles played by the applicants. There are no criminal antecedents of the applicants as well and therefore without further delving into facts, this application deserves to be allowed.
Accordingly, applicant Nos. 1, 3 and 4 are ordered to be released on bail in connection with I.C.R No. 34 of 2012 registered with Veraval Police Station on executing a bond of Rs. 10,000/- (Rupees Ten thousand only) with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that he shall ;
(a) not take undue advantage of liberty or misuse liberty;
(b) not to tamper with the witnesses in any mode or manner;
(c) not to commit any act contrary to law;
(d) not act in a manner injurious to the interest of the prosecution.
(e) surrender passport, if any, to the lower Court within a week;
(f) not leave Gujarat and India without prior permission of the Sessions Judge concerned
(g) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. till the trial is over.
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h) furnish the present 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) They shall not enter Veraval city till the charge-sheet is filed, except for marking presence; as directed.
(j) They shall not enter Mafatiapura area [residential area of the complainant] till the trial is over.
The jail authorities will release the applicant 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.
The trial Court shall not be influenced by the observations of preliminary nature made, while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent qua applicant nos. 1, 3 &
4. Rule stands discharged qua applicant nos. 2. Direct service is permitted.
(Ms.Sonia Gokani,J) bina Top