1. Rule.
Mr.
M.G.Nanavati, learned APP waives service of Rule on behalf of the respondent-state.
2. The instant application is filed under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Bhiloda Police station, District : Sabarkantha, CR No. I - 40/2012 regarding offences punishable under sections 366, 323, 506(2) read with section 114 of the Indian Penal Code.
3. Mr.
R. J. Goswami, learned counsel for the applicants, at the outset submitted that the applicants are not named in the FIR. It is submitted that the role attributed to the applicants by the prosecution is that they aided & abetted the offence.
4. Heard Mr. M.G.Nanavati, learned APP for the respondent-state.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicants and considering the FIR, this Court is of the opinion that application deserves to be granted.
6. Learned counsel for the parties do not press for further reasoned order.
7. 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 first information report registered at CR No.I-40 of 2012 with Bhiloda Police Station, District : Sabarkantha, 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;
8. The Authorities will release the applicants only if not required in connection with any other offence for the time being.
9. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. 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.
12. 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.
13. Rule is made absolute to the aforesaid extent. D.S. is permitted.
(J.C.Upadhyaya, J.) cmj/ Top