1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-146 of 2011 registered with Vadodara City Police Station, Vadodara for the offences under Sections 143, 147, 148, 149, 186, 307, 332 and 504 of the Indian Penal Code and under Sections 135 of the Bombay Police Act.
2. Heard Mr.Yogesh Lakharni, learned Senior Counsel appearing for Mr.Pravin Gondaliya, for the applicants. He has contended applicants have been falsely implicated in the alleged offence. The applicants have played no role in commission of alleged offence. The applicant Nos.1 to 4 are implicated in the alleged offence only because they happen to be the son of the main accused. He has contended that applicants will be available during the trial and he will not tamper with the evidence. He has prayed to release present applicants on bail. Mr.Lakhani has contended that applicants shall not move before this Court for modification of condition i.e. applicant shall not enter into area of Vadodara City Police Station, except during the hearing of the case.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He has vehemently opposed present application and contended that it is a serious offence. He has prayed not to release present applicants on bail.
4. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicants.
5. Considering the above, this Application is allowed. The applicants are ordered to be released on bail in connection with CR No.I-146 of 2011 registered with Vadodara City Police Station, Vadodara for the offence alleged against them in this Application on their executing a Bond of Rs.10,000/- (Rupees ten thousand only) each with one solvent surety each 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) not act in a manner injurious to the interest of the prosecution;
e) mark presence before the Padra Police Station once in a month between 9:00 a.m. to 2:00 p.m.
f) not enter into area of Vadodara City Police Station, except during the hearing of the case.
g) not leave the country without the prior permission of the concerned Sessions Judge;
h) furnish the address of their 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;
i) surrender their passport, if any, to the lower Court within a week.
6. If the breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
7. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top