Rule.
Mr.Maulik Nanavati, learned APP appears and waives service of Rule for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Bopal Police Station, District: Ahmedabad (Rural) CR No.I-17 of 2012 for the offences punishable under Sections 307, 325, 323, 504 read with 114 of the Indian Penal Code.
Mr.Raval, learned advocate for the applicants, at the outset, drew my attention to the relevant part of the FIR and submitted that so far as the role attributed to the applicants are concerned, no major role is attributed in the incident. It is further submitted that the incident occurred on account of very small reason and now no injured person is in the hospital and today, he supplied necessary papers showing the exact addresses of the applicants.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and the role attributed to the applicants as well as the submission of Mr.Raval, learned advocate for the applicants that no injured is now undergoing any treatment in the hospital and further submission that the applicants shall furnish local surety, and in view of the fact that the addresses of the applicants are furnished by learned advocate for the applicants today, the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with Bopal Police Station, District: Ahmedabad (Rural) CR No.I-17 of 2012, on executing a 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 conditions that they shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of residence to the I.O. 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;
The Authorities will release the applicants 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 Sessions Judge concerned will be free 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
At the trial, the 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 applicants on bail.
Rule is made absolute accordingly. The present application stands disposed of. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top