[1] By way of present application, 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-5 of 2012 registered with Bhilad Police Station, Valsad.
[2] It is submitted by the learned advocate for the applicants that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail.
[3] This Court has gone through the complaint. Considering the nature of offence and sentence for the alleged offence and the fact that the offences are triable by JMFC Court and the applicants are in jail since 12.01.2012, in the facts and circumstances of the case and without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed.
[4] Hence, the application is allowed. The applicants are ordered to be released on bail in connection with C.R.No.I-5 of 2012 registered with Bhilad Police Station, Valsad for the offence alleged against them on each executing personal bond of Rs.25,000/- (Rupees twenty five 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 one year.
e) not act in a manner injurious to the interest of the prosecution;
f) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
g) 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;
h) surrender passport, if any, to the lower Court within a week.
[5] 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.
[6] 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 applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top