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-54 of 2011 registered with Vejalpur Police Station, Godhra for the offences under Sections 395 and 397 of the Indian Penal Code.
2. Heard Mr.J.V.Dave, learned advocate for the applicants. He has read charge-sheet papers and contended that no recovery or discovery is established from possession of the present applicants. He has contended that due to statement of co-accused present applicants are booked by the police in the said offence. He has contended that no Iidentification Parade is carried out by the police. He has prayed to release present applicants on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He has contended that it is serious offence in nature. He has vehemently opposed the present bail application.
4. Nothing is recovered or discovered from possession of the present applicants. Even Identification Parade is not carried out by the Investigating Agency. The present applicants will be available during the trial.
5. 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 applicants, I am inclined to grant bail to the applicants.
6. Considering the above, this Application is allowed. The applicants are ordered to be released on bail in connection with CR No.I-54 of 2011 registered with Vejalpur Police Station, Godhra 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 concerned Police Station on every last day of the month between 10:00 a.m. to 2:00 p.m.
f) not leave the country without the prior permission of the concerned Sessions Judge;
g) 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;
h) surrender their passport, if any, to the lower Court within a week.
7. 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.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top