[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-20 of 2012 registered with Sanad Police Station for the offence under sections 147, 148, 149, 506(2), 504, 302, 307, 323, 324 and 325 of the Indian Penal Code and under sections 3(1)(10), 3(2)(5) of the Atrocity Act.
[2] It is submitted by the learned advocate for the applicants accused that charge sheet is filed. It is further submitted by learned advocate for the applicants that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail.
[3] Heard learned advocates for the respective parties. This Court has gone through the complaint. It is alleged that applicant no.1 caused injury to Mahavirbhai and applicant no.2 caused injury to Rameshbhai. Both the injured received simple injury. No fracture or grievous injury is received by the injured persons. Present applicants accused have not caused any injury to the deceased. Considering this facts and without discussing the role played by other accused persons and only considering the role attributed to present applicants, this Court is of the opinion that the application deserve 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-20 of 2012 registered with Sanad Police Station 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 and 15th of English Calender month between 11.00 a.m. and 2.00 p.m. for six months.
e) not enter jurisdictional area of Sanad for four 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.
[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 applicants on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top